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The Divorce Encyclopedia
Ex Parte Hearing, Motion, Order


Term Definition Ex Parte Hearing, Motion, Order - court relief granted in the absence of an opposing party.
Application in Divorce Any ex parte hearing is one where a court hears only one side of controversy.

An ex parte hearing on a motion is conducted without notice to or the attendance of the other party.

The court issues these orders in actions when notice to a party might put the rights of another party at risk. For example, attachments are sometimes issued ex parte to avoid giving notice to the other party since he or she might, if alerted, might quickly sell or mortgage the property.

In divorce actions, an order follows a motion by one of the parties who might be adversely affected by an action. In the face of domestic violence, protection orders are usually issued ex parte.

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