Ex Parte Orders in California Family Law — What They Are and How They Work

An ex parte order is a court order issued without giving the other party advance notice or the opportunity to be heard beforehand. In California family law, ex parte orders are powerful emergency tools — and understanding when they apply, what standard courts use, and how to respond to them is essential for any parent or spouse in a contested family law case.

What Does Ex Parte Mean?

The term exparte — sometimes written as ex-parte or ex parte — means "on one side only." An exparte order is issued without the opposing party being present or having advance notice. "Ex parte" is a Latin phrase meaning "on one side only." An ex parte hearing or application is one presented to the court by only one party, without the opposing party present. In most legal proceedings, due process requires that both parties receive notice and have the opportunity to be heard before a court issues orders affecting their rights. Ex parte proceedings are a narrow exception to this rule — they are permitted only when the emergency is so immediate and the risk so serious that waiting for a noticed hearing would cause irreparable harm.

Ex Parte Orders in Family Law — When Are They Appropriate?

California Rules of Court, Rule 5.151 governs ex parte applications in family law proceedings. The rule requires that an applicant demonstrate one of two grounds for emergency relief:

1. Immediate danger or irreparable harm — The applicant must show there is an immediate danger to the health, safety, or welfare of a party or a minor child that justifies court action without prior notice to the other side.
2. Immediate and irreparable harm to property — The applicant must show that property subject to disposition in the proceeding is in immediate danger of being damaged, destroyed, hidden, or dissipated.

Courts take ex parte applications seriously and do not grant them routinely. A judge reviewing an ex parte application asks: is the situation truly an emergency that cannot wait the 16-35 days it would normally take to schedule a noticed hearing? If the answer is no — if the applicant has known about the situation for weeks and simply failed to file a regular motion — the court will typically deny the ex parte and direct the party to file a noticed motion instead.

Common Ex Parte Applications in Family Law

Ex parte relief is most commonly sought in California family law for:

• Emergency custody orders — When a child faces immediate danger, one parent attempts to flee with the child, or a parent has violated a custody order in a way that places the child at imminent risk
• Temporary restraining orders — Emergency domestic violence restraining orders under Family Code §6300 are a form of ex parte relief, issued without notice to the restrained party
• ATROs enforcement — Violations of the Automatic Temporary Restraining Orders that prevent dissipation of marital assets
• Emergency protective orders for property — When one spouse is imminently about to transfer, hide, or destroy community property
• Move-away prevention — Emergency orders preventing a parent from relocating with a child pending a noticed hearing

What Is an Ex Parte Motion?

An ex parte motion (also called an ex parte application or ex parte petition) is the document filed with the court requesting emergency ex parte relief. In family law, the primary form is FL-300 (Request for Order) along with supporting declarations. The application must include a detailed declaration explaining the emergency, what relief is requested, and — critically — why notice to the other party was not given or why giving notice would be contrary to the best interests of the protected party.

California Rules of Court require that except in cases of genuine emergency, the applicant must provide notice to the opposing party at least 24 hours before the ex parte hearing. The notice must include the date, time, and location of the hearing, and a summary of the relief being requested. The requirement to give notice — even for an ex parte — exists because due process demands that the opposing party have at least minimal opportunity to appear and respond if they choose.

What Happens at an Ex Parte Hearing?

Ex parte hearings in California family courts are typically brief — often less than ten minutes. The judge reviews the written application and declarations, hears a short argument from the applicant (and the opposing party if they appear), and decides whether to grant, modify, or deny the requested relief. If the court grants the ex parte order, it will set a noticed hearing date — usually within 21 days — at which both parties can present full evidence and argument on whether the order should continue.

Winning or losing an ex parte hearing is not the end of the case. An ex parte order is temporary by design. The noticed hearing that follows is where the final determination is made.

How to Respond to an Ex Parte Order

If you have been served with an ex parte order in a family law case, you must act immediately. The order is in effect from the moment it is issued and enforceable by law enforcement if it involves custody or a restraining order. You have the right to appear at the noticed follow-up hearing and present your side. File a responsive declaration (FL-320) before the hearing. Gather evidence that contradicts the emergency claims made in the application. Attend the hearing with counsel.

Failing to appear at the follow-up hearing can result in the temporary ex parte order becoming a permanent order by default.

Ex Parte Orders and ATROS

When a divorce petition is filed in California, Automatic Temporary Restraining Orders (ATROs) take effect immediately by operation of law under Family Code §2040. ATROs prohibit both spouses from transferring, encumbering, or disposing of community property without consent or court order. A violation of ATROs — such as one spouse emptying a bank account or changing insurance beneficiaries — can be addressed through an ex parte application to enforce the ATROs and preserve the marital estate.

How to Win an Ex Parte Hearing

Winning an ex parte application requires compelling, specific, documented evidence of a genuine emergency. Vague allegations do not meet the standard. Judges see attempted misuse of ex parte procedures regularly and are skeptical of applications that appear tactical rather than emergency-driven. The strongest ex parte applications include dated communications showing the emergency arose recently, police reports or medical records corroborating the claimed emergency, and a specific, targeted request for relief narrowly tailored to address the emergency.

Serving Orange County and Riverside County Clients

Furubotten Law, APC handles emergency ex parte applications and responses at courts throughout our service area — including Orange County, the Southwest Justice Center in Murrieta, and the Menifee Justice Center. Ex parte matters move at emergency speed. Call (714) 795-3862 immediately if you need ex parte relief or have been served with an emergency order. We are experienced in moving the court quickly when circumstances require it.