If you’re facing a situation where immediate legal protection is necessary, you may have come across the term “ex parte order”. This article will explain what an ex parte order is, as well as when and how to obtain one.
An ex parte order is a legal ruling made by a court without the presence of the opposing party.
Typically, court proceedings allow both sides to present their arguments. However, in urgent cases (such as when there is a risk of harm), ex parte orders may be issued to offer immediate protection before the other party has a chance to respond.
These orders are commonly used in family law cases to:
It’s important to note that ex parte orders are usually temporary, and therefore subject to review once a full hearing, with both parties present, can take place.
An ex parte non-molestation order is a legal injunction designed to protect individuals, typically in situations involving domestic abuse or harassment.
The order includes strict prohibitions against actions such as physical violence, verbal threats, or other forms of intimidation. It may also restrict the respondent from contacting the applicant directly or indirectly, including through phone calls, messages, or third parties.
Ex parte orders are commonly used in urgent child custody matters where there is immediate concern for a child’s welfare. For example, if you believe a child is at risk of abuse or neglect, you may apply for an ex parte order for emergency custody to ensure their safety.
When making its decision, the court’s primary focus will be the best interests and safety of the child. If the order is granted, you will be given temporary responsibility for the child until a more comprehensive custody arrangement can be agreed upon in further court proceedings.
To apply for an ex parte order, you will need to file an application with the Family Court and undertake the following steps:
1. Identify the Grounds
You’ll need to show that the matter is urgent and that you (or, in some cases, a child) are at risk of harm or undue hardship if the order is not granted immediately; for example, if there is evidence of domestic violence, child abuse, or a credible threat of harm.
Ex parte orders may also be granted in cases involving the removal of a child from a jurisdiction without consent, or when financial decisions could lead to irreparable harm, such as the dissipation of marital assets.
The urgency and potential risk must be clearly explained to justify the court’s immediate intervention.
2. Submit the Application
Provide a clear statement of the facts supporting your request.
This is typically done by submitting a sworn affidavit; a written statement made under oath, affirming that the information provided is true to the best of your knowledge. This document must be signed in the presence of a notary or another authorised official.
You can typically submit your application, along with the sworn affidavit and supporting documents, to the relevant court or administrative office, either in person, by post, or through a provided online portal.
3. Attend a Hearing
You may be required to explain your case before a judge in a short hearing. Only you (and your representative, if applicable) will be present, as the opposing party is not given prior notice.
You are allowed to have a McKenzie Friend accompany you during the hearing, as well as any appropriate legal representation (such as a family law barrister).
Yes, ex parte orders can be overturned or varied. Once the order is granted, a follow-up hearing will typically be scheduled to allow the opposing party to present their side.
If the opposing party believes the order was unfairly issued or based on inaccurate information, they can request for the court to discharge or modify the order. At this stage, the court will review all the evidence from both sides before making a final decision.
It’s essential to attend all subsequent hearings and provide any additional evidence needed to support your case.
While it’s possible to apply for an ex parte order on your own, having a qualified legal professional, such as a family law barrister, can significantly increase the likelihood of success. They can assist with preparing your application, gathering evidence, and presenting your case clearly to the judge.
Through the direct access scheme, members of the public can instruct a barrister directly, without the need for a solicitor intermediary. In many cases, this allows for faster turnaround on advice and paperwork as well as significantly reduced legal costs.
Ex parte orders can often be issued very quickly, sometimes even on the same day as the application. The exact timeframe will depend on the urgency of the situation.
The duration of an ex parte order can vary depending on the jurisdiction and the specific circumstances of the case.
Typically, they will be issued for a short period ranging from a few days to a few weeks. Some orders may last only 24 to 72 hours if immediate action is required, while others could extend up to a month if more time is needed to arrange a hearing. After the initial hearing (where both parties will be present), the court will decide whether to extend, amend, or discharge the order.
If you need immediate protection, applying for an ex parte order can offer you or your loved ones temporary safety during a challenging time.
If you believe you’d find professional legal representation beneficial in your hearing or subsequent proceedings, Barrister Connect’s family law barristers are experts in handling sensitive cases with both care and speed. Simply get in touch with the team to discuss how we can help.