What Is an Ex Parte Restraining Order?

An ex parte restraining order is an emergency measure from a court to protect someone from physical danger. It is typically used in divorce and domestic violence situations.

Purpose of a Restraining Order

A restraining order is available through a court hearing and gives notice to another party, usually a family member, to stop hurting or threatening you. The other party also may be ordered to stay a certain distance away from you, your job, your children and their school.

Difference in Ex Parte Restraining Order

An ex parte restraining order is available from a judge without a hearing for a certain amount of time, usually two weeks. It is only available in emergency situations when it can be shown that you are in imminent danger.

How to Apply for an Ex Parte Restraining Order

Submit a petition and affidavit detailing imminent harm to the court for consideration. If granted, the order will be immediately enforceable and remain in effect until a hearing date.

Legal Representation

An attorney is not necessary, though strongly advisable. Each state and jurisdiction has specific procedures and time lines, and an attorney will help ensure your rights are protected.

Enforceability

You can be arrested for violating a restraining order, be fined and receive jail time.

References

• How to Get a Restraining Order
• Domestic Violence Restraining Orders