Beverly Hills Ex parte Applications
Every case is different, whether it involves civil or criminal matters. In most instances, it follows the standard legal process, allowing both parties to present their defense before a judgment is rendered.
Nevertheless, there are situations where courts may take immediate action, initiating an ex parte order against a party even before a regular hearing takes place. In such cases, having someone well-versed in the procedures specific to these circumstances is crucial. If you find yourself in Beverly Hills, CA, Benefield Law - Family Law Trial Advocates P.C. is the legal team to which to turn.
Our legal team can promptly inform you of any potential ex parte application for your case, initiate the request, or counter its application. We also ensure that the court maintains fairness throughout the ex parte process, preventing any additional complications that could impact the case’s resolution.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Beverly Hills ex-parte lawyer.
Definition of Ex parte Application
“Ex parte” refers to hearings, motions, or orders requested and granted for the exclusive benefit of one party. Both parties are not required to be present in court during this process, and the opposing party will not receive prior notice to contest the request.
Typically, ex parte applications are approved in emergencies where the applying party faces immediate danger or the risk of irreparable harm if the order is not granted promptly. This procedure is also employed in cases where the opposition rights of the other party remain unaffected.
Situations For Ex parte Application
As mentioned above, ex parte applications are granted in limited situations where there is immediate harm or danger to the requesting party or when a case will not affect the other party’s capacity to oppose the application.
Some examples of situations or cases where an ex parte application can be requested include:
- Requesting for restraining orders prohibiting abuse, harassment, and other similar attacks
- Appointing a guardian ad litem for guardianship cases
- Correcting any clerical errors made during a pleading
- Writ of possession for stolen property
- Petitions requesting injunctions
If you wish to check if an ex-parte application can be made for your case, don’t hesitate to ask our Beverly Hills ex-parte application legal professionals. They will review your case when they receive it and take the necessary steps to get the application filed before the court.
Legal Process of Ex parte Application
The legal process for an ex parte application in California is outlined in the Rules of Court, detailing how such applications will be handled and decided. To be considered, an ex parte application must be submitted in writing, and notice must be given to the other party at least one day before the emergency hearing; failure to do so may result in denial of the request. However, the notice requirement may be waived if there is an immediate threat of danger to the applicant. Upon reviewing the evidence supporting the request, the court can grant a temporary ex parte application.
Upon receiving an ex parte hearing notice, individuals can file their opposition and present arguments in court. The responding party may appear in person or by telephone. If the ex parte application is denied, a subsequent hearing will be scheduled to discuss the case. During this hearing, the court may also assess whether the temporary ex parte order should be converted to a permanent order or dismissed.
Feel free to consult with our Beverly Hills ex-parte lawyers for a more detailed understanding of how the ex-parte application pertains to your specific case. We can assist you in preparing and submitting the appropriate Beverly Hills ex parte application to the court and guide you through the process if you are the recipient of such a request.
Free Consultation Today
California offers many protections for anyone who wishes to use the legal system to resolve their legal troubles, and the ex parte application is a great example. However, before considering using it for your case, it is best to ask a lawyer to help you understand how it works and tailor it to your needs.
Our Beverly Hills, CA, family law firm is always ready to guide you through the legal proceedings and request an ex parte application if needed. Rest assured that we will do our best to get the best possible outcome for your request. We can also follow up with the court should you wish to seek a permanent order or even counter it.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Beverly Hills ex-parte lawyer.