The phrase ex parte is Latin for “from one party.” In California family law it refers to an emergency request for a court order made on shortened notice, where the judge may act before the other side has a full opportunity to respond. Understanding what ex parte means matters because these requests move fast and the standard for granting them is high.
What does ex parte mean in law?
Ordinarily, a party asks for orders through a noticed Request for Order that gives the other side weeks to file a response and prepare for a hearing. An ex parte application is the emergency exception: it asks the court for temporary emergency orders that cannot wait for that normal timeline. The request is filed on Form FL-300 with emergency orders requested on Form FL-305, supported by a declaration establishing why immediate relief is required. So when people ask “what is an ex parte order” or “what is an ex parte motion,” the answer is: a request for urgent, short-term relief pending a full hearing.
Grounds for an ex parte order in California
The core grounds for ex parte relief in California is a showing of irreparable harm — an immediate danger or an injury that cannot be adequately remedied later. Under the California Rules of Court (rules 5.151 and 5.165), a family-law ex parte request must show facts sufficient for the court to conclude that, absent emergency orders, there is an immediate danger or irreparable harm to a party or to the children, or an immediate loss or damage to property. Typical examples include a credible threat to remove children from the state, threatened dissipation or transfer of assets, or a safety emergency. Speculation is not enough; the declaration must state specific, admissible facts.
Notice, the hearing, and how to win an ex parte hearing
California requires notice in most family-law ex parte matters. The applicant generally must notify the other party (or their attorney) by 10:00 a.m. the court day before the appearance, telling them when and where the request will be made and what relief is sought, unless the court excuses notice for good cause — for example, where advance warning would trigger the very harm sought to be prevented. At the appearance both sides may be heard briefly. The practical answer to “how to win an ex parte hearing” is preparation: a tightly written declaration with specific facts, proof that proper notice was given, a narrowly tailored proposed order, and a clear explanation of the irreparable harm. Overreaching or thin declarations are the fastest way to lose.
Can an ex parte order be overturned?
Yes. Emergency orders are temporary by design. When the court grants ex parte relief, it sets a noticed hearing — usually within about three weeks — where the responding party has a full opportunity to present evidence, and the court can modify or dissolve the emergency order. An ex parte order can be overturned at that hearing, on reconsideration, or on appeal, which is exactly why the temporary order should never be treated as the last word.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.