Oya Shield

Ex parte

A request one side makes to the court without the other side present, typically reserved for emergencies. Courts expect strong, specific, documented facts before granting one.

What ex parte means

Ex parte refers to a request made to the court by one side without the other side present. Because it bypasses the usual chance for both parties to be heard, it is generally reserved for genuine emergencies, such as an immediate risk to a child's safety. Courts treat these requests cautiously and often set only temporary relief until a full hearing can happen.

The bar is high, and it is a documentation bar: a judge asked to act without hearing the other side wants strong, specific, and recent facts. Vague fears are rarely enough. Dated, concrete documentation of what happened and when is what supports an emergency request and what a court will look for.

Example: seeking emergency relief after a specific incident is far more persuasive when you can point to a timestamped entry describing exactly what occurred, rather than a general statement that things have been getting worse.

When and how ex parte relief is available varies significantly by jurisdiction, and these situations move fast, so involve an attorney as early as you can.

Related terms

Protective order / No-contact order
A court order restricting contact to protect a person from harm or harassment. If one exists in your situation, follow it exactly and route questions through your attorney.
Contempt (of court)
Violating a court order, such as repeatedly withholding court-ordered parenting time. Proving a pattern usually requires dated documentation of each violation.
Modification
A court-approved change to an existing custody or support order, usually requiring a substantial change in circumstances, demonstrated with evidence spanning months rather than days.

Keep reading: How to Document Custody Violations (So Your Record Holds Up), or return to the full glossary.

This definition is general information, not legal advice. Terms and their exact meanings vary by state, county, and case; for how this concept applies to your situation, consult a qualified family-law attorney.