Ex Parte Orders: Getting Fast Help from California Family Courts

Sometimes family situations become so urgent that waiting weeks or months for a regular court hearing isn't an option. That's where emergency ex parte orders come in - they're California's legal fast-track for getting immediate help when you or your children face serious risks. If you are facing what you believe to be an emergency involving your children and your former spouse/partner, please reach out to us immediately.  We at the Law Offices of Janice Cho, APC are dedicated to helping guide you through your situation quickly, with expertise and understanding.

Understanding Ex Parte Orders

Think of an ex parte order as a legal emergency brake. While most court processes require both sides to have notice and time to respond, ex parte orders can be granted quickly, sometimes the same day you ask for them. They're temporary solutions designed to handle urgent situations until a full hearing can happen, usually several weeks later.

What is Not Considered an Emergency

It's important to understand what courts typically don't consider emergencies. Regular custody or visitation disputes, support modifications, property division disagreements, or general disagreements about children's activities usually don't qualify. Neither do non-urgent medical or educational decisions, or desires to relocate without immediate necessity.

What is an Emergency in the Ex Parte world?

To determine what is an emergency that requires resolution through an ex parte order, the key test is whether waiting for a regular hearing (typically 3-4 weeks) would result in immediate, irreparable harm. Courts require specific, credible evidence of imminent danger or damage, not just speculation or preference for quick action.  The key is showing the judge that waiting for a regular hearing could cause serious harm.

Events that might indicate the need for ex parte relief include situations involving imminent physical danger, like domestic violence with credible threats of harm, ongoing child abuse, exposure to dangerous individuals, or immediate risk of child abduction backed by concrete evidence (specific texts, voicemails, verbal threats). Sometimes urgent medical treatment decisions or school enrollment issues require immediate intervention. Financial emergencies may warrant immediate action when there's risk of irreparable harm, such as a spouse threatening to empty joint accounts or cancel critical medical insurance or destroy actual property assets, or threatening an imminent eviction or foreclosure.

The Right Tool for Real Emergencies

Emergency ex parte orders are powerful tools for protecting yourself and your children when facing real dangers. However, they're not meant for routine disagreements or non-emergency situations. Using them appropriately when truly needed helps ensure they remain available for those facing genuine emergencies. Getting the right legal help can make the difference in securing the emergency help that you need.

Starting the Process

You'll need to file paperwork explaining your emergency and why you need immediate help. Here's what this may look like for you: First, gather evidence supporting your emergency. This might include police reports, threatening messages, medical records, photos, or statements from witnesses. The stronger your proof, the better chance you have of getting the order. The paperwork needs to be detailed and specific - vague claims won't convince a judge to grant emergency orders.  You'll also need to complete notice papers. Even in emergencies, you usually need to try to tell the other person you're seeking the order. This often means calling or emailing them (or their attorney) by 10:00 AM the court day before your hearing. Keep records of how and when you attempted notice.

The Court Process

Most courts require you to file emergency requests very early in the morning, so they can be reviewed that same day. You'll pay a filing fee unless you qualify for a fee waiver. Often, the same day, the judge will read your papers and decide whether to grant the emergency orders you requested; deny the emergency request but set a regular hearing; or deny the request completely. If the judge grants the order, you'll get temporary orders that last until your full hearing, usually scheduled within a few weeks.

Getting the Other Side Served

Once you have your emergency orders, the other person needs to be officially notified. This service needs to happen quickly - usually within a day or two of getting your orders. The server must complete a proof of service form showing when and how they delivered the papers. File this form with the court as soon as possible to prove the other person received notice of the emergency orders.

The Follow-Up Hearing

Emergency orders are temporary - they only last until your full hearing. At that hearing, both sides get to present their case, and the judge decides whether to keep, change, or end the emergency orders. This usually happens about three weeks (or longer depending on the court calendar) after getting the emergency order.

What Happens Next

If you get your emergency orders, remember to keep copies with you at all times and make sure you follow the orders exactly. If the other person violates the emergency order in any way, be sure to document that as best you can in preparation for the upcoming full hearing. 

You Are Not Alone. We Can Help You.

If this sounds like a lot to manage while dealing with an emergency situation involving your family, it is. Remember, while getting emergency orders can feel overwhelming, courts design these processes to help people in crisis, but that doesn’t mean you have to do it all on your own. Here at the Law Offices of Janice Cho, APC we understand that the experience of a relationship breaking up is one of the most complicated and traumatic crises that people encounter. In an emergency situation, you need immediate high-quality representation you can trust, that is responsive and effective. We can help you.

Call (510) 925-2651 when you need the assistance of an experienced Bay Area family lawyer.