Ex-Parte Orders are sought from the Judge in emergency type situations and the opposing party has no notice of the request and no opportunity to be heard. The party seeking the Ex-Parte Order must set forth an Affidavit of facts showing that irreparable injury, loss, or damage will result from the delay to give notice or adverse action would result from the notice itself. Generally, Ex-Parte Orders to preserve assets, prevent cancellation of insurance and utilities, or from changing insurance beneficiaries are more easily granted, especially if the Order mutually binds both sides. In a divorce case the court often issues Ex-Parte Orders in the above situations near the beginning of the case. Ex-Parte petitions concerning custody, parenting time, child support, exclusive use of residence, or the selling of assets are less likely to be granted by the court. However the court may issue Ex-Parte Orders in any of these circumstances that the court deems appropriate. Once issued and served the opposing party has 14 days to file an objection with the court. Even if an objection is filed the Order stays in effect unless changed by a later court order. It is very important to understand how to protect yourself so that the other side does not unnecessarily obtain a surprise order. There also may be appropriate circumstances for you to obtain your own Ex-Parte Order. To determine whether your specific circumstances warrant Ex-Parte consideration please contact the attorneys at Gordon & Hess, PLC to discuss your case. The attorneys at Gordon & Hess, PLC offer a free half hour face to face confidential consultation and can help you. Call now at (616) 272-3331 or visit our webpage at www.gordonhess.com.
When to seek an Ex-Parte Order?
On behalf of Gordon & Hess, PLC | Feb 9, 2015 | Brian E. Gordon, Child Support, Child Visitation, Custody, Daniel B. Hess, Jr., Divorce, Family Law, Gordon & Hess, PLC, Grand Haven, Grand Rapids, Muskegon, Firm News