Ex Parte Orders in California Family Law — California Family Law

What Is an Ex Parte Order in California Family Law?

Ex parte order meaning in California family law: an ex parte order is a temporary court order obtained without advance notice to the other party. The term comes from the Latin "ex parte" meaning "from one side." In family law proceedings, ex parte applications are used when a genuine emergency exists that requires immediate court action and waiting for a regularly noticed hearing would result in irreparable harm. What is an ex parte order in practice? It is an emergency order that a judge can grant on the same day the application is filed, based only on the filing party's sworn declaration.

Ex parte orders in California family law are available in several contexts: emergency custody orders when a child faces immediate risk of harm; emergency domestic violence protective orders; orders preventing the dissipation of marital assets; orders preventing a spouse from removing children from California; and emergency support orders in some circumstances. The common thread is genuine urgency -- the situation cannot wait for the court's regular hearing schedule.

How to File an Ex Parte Application in California Family Law

To obtain an ex parte order in a California family law case, the moving party must file a written application with the court and, in most circumstances, give the other party advance notice -- typically by phone or in writing -- at least 24 hours before the ex parte application is presented to the judge. The notice requirement can be waived only if the moving party can show in their declaration that giving notice would result in immediate harm to the child or the party, or that notice is impracticable because the other party cannot be located despite diligent efforts.

The ex parte application consists of: a written request specifying the orders sought; a supporting declaration under penalty of perjury describing the emergency facts with specificity; and a declaration of notice to the other party (or a declaration explaining why notice was not given). Local court rules govern the specific timing and format requirements for ex parte applications -- these vary between Orange County and Riverside County courts and must be followed precisely.

Family Code Section 3064 -- Emergency Custody Orders

Cal. Fam. Code 3064 authorizes the court to issue emergency custody orders when there is immediate harm to the child or immediate risk that the child will be removed from California. The moving party must show: that there is a risk of immediate harm to the child if the court does not act before a noticed hearing; and that the harm would result from physical injury, emotional abuse, neglect, or removal of the child from California. The court can grant temporary custody to the moving parent, suspend the other parent's parenting time, or issue other emergency orders to protect the child pending the noticed hearing.

Emergency ex parte custody orders are temporary -- they remain in effect only until the noticed hearing, which must be set within a short period (typically 20 to 25 court days). At the noticed hearing, both parties appear and the court decides whether to continue, modify, or dissolve the temporary orders based on a full presentation of evidence from both sides.

What Happens After an Ex Parte Order Is Granted

When a judge grants an ex parte order, the court simultaneously sets a noticed hearing date at which the other party has the opportunity to respond and present their own evidence. The other party must be personally served with a copy of the ex parte order and the notice of the upcoming hearing. At the noticed hearing, the court has full discretion to continue the ex parte orders, modify them, or dissolve them entirely based on the totality of the evidence. Ex parte orders are explicitly temporary -- they do not predetermine the outcome of the noticed hearing.

What is an ex parte order's effect if the application is denied? If the judge does not find sufficient grounds for emergency relief, the court sets a regularly noticed hearing instead, and the matter is heard on the normal schedule. A denial of an ex parte application does not prevent the moving party from bringing a regular noticed motion on the same issues.

Strategic Considerations for Ex Parte Applications in Family Law

Ex parte applications should be used only when a genuine emergency exists. Courts are skeptical of ex parte applications that appear designed to gain a strategic advantage rather than address a true emergency. A party who files an ex parte application without genuine emergency grounds risks damaging their credibility with the court, which can affect all aspects of the case. Conversely, a party who genuinely needs emergency protection and fails to file promptly risks the harm they sought to prevent.

If you face a genuine emergency in your California family law case -- a threat to take the children, evidence of asset dissipation, immediate domestic violence, or another urgent situation -- contact Furubotten Law, APC at (714) 795-3862 immediately. We handle emergency applications throughout Orange County and Riverside County.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.