NEW YORK Part 42

What is an ex parte order?

An ex parte order is an order granted by the court based solely upon the information, and likely the testimony, of only one party without the other party having the benefit to be present and heard on the relief being requested. Ex parte orders are usually granted in what is known as Family Offense proceedings, where one party is seeking an Order of Protection against the other party.

If an ex parte order is granted, the court will set up a court appearance very quickly to allow the other party against whom the order was granted to come into court and be heard on his/her position, at which point the order of protection can be continued, modified or vacated.