An emergency involving your children, safety, or property may not be able to wait weeks for a regular family court hearing. In certain circumstances, California family courts allow a person to request temporary emergency orders, commonly called ex parte orders.
Understanding when an ex parte request may be appropriate—and what to expect from the process—can help you respond quickly without confusing an urgent problem with a routine family law dispute.
What does “ex parte” mean in California family court?
An ex parte request asks a judge to consider temporary emergency relief on a much faster timeline than a regularly noticed hearing.
California courts require an actual emergency. Depending on the circumstances, emergency relief may be considered when there is immediate danger of irreparable harm, an immediate risk that a child will be removed from California, or a risk of loss or damage to property.
For a closer look at local emergency proceedings, see our guide to emergency family law hearings in Riverside and San Bernardino.
What situations may justify an ex parte request?
Family law emergencies are highly fact-specific. Situations that may warrant immediate court attention can include:
- Recent child abuse or an immediate safety concern
- Domestic violence affecting a parent or child
- A credible risk that a child will be taken out of California
- Urgent circumstances requiring a temporary change in custody
- An immediate risk involving certain property
For child custody matters, California law places strict limits on when emergency custody orders can be issued.
Parents facing an urgent custody situation can learn more about emergency custody orders in California.
What usually does not qualify as an emergency?
An ex parte request is not simply a faster way to resolve an ordinary disagreement.
Routine parenting disputes, minor scheduling conflicts, frustration with an existing order, or issues that can reasonably wait for a regularly scheduled hearing may not justify emergency relief.
The court will want specific facts explaining why the issue requires immediate action rather than the normal family court process.
How do you request an ex parte order?
California’s process generally involves filing a Request for Order (Form FL-300) and proposed Temporary Emergency Orders (Form FL-305), along with facts supporting the emergency request.
Those facts should explain what happened, why immediate action is necessary, and what harm could occur if the court waits for a regular hearing.
Additional forms may be required depending on the orders requested and the local court’s procedures.
Because local requirements matter, someone filing in Riverside or San Bernardino County should make sure they understand the applicable court rules before submitting an emergency request.
Does the other parent receive notice?
Usually, some form of notice to the other party or their attorney is required before seeking temporary emergency orders. California court rules govern how that notice and service must be handled.
There are limited circumstances in which a judge may consider a request without advance notice, such as when providing notice could itself create an immediate risk of harm.
Because notice requirements can affect whether an emergency request is considered, this is an important part of preparing an ex parte application correctly.
What happens after a judge considers the request?
An ex parte order is temporary. The judge may grant some or all of the requested emergency relief, deny it, or set the matter for further proceedings.
When temporary emergency orders are made, the court will also set a hearing where the parties can address whether those orders should continue, change, or end.
If the dispute involves custody, the case may also involve additional procedures before the court makes longer-term decisions.
You can learn more about the broader child custody and visitation process.
What if you receive an ex parte request from the other parent?
Being served with an emergency request does not mean the allegations have already been established as fact.
Read the documents carefully and identify exactly what orders are being requested. Gather relevant records, messages, court orders, photographs, or other evidence that may address the allegations, and pay close attention to the hearing information and any temporary orders already issued.
Ignoring the paperwork can leave the court without your side of the dispute.
When domestic violence is involved
Some emergencies involve allegations of abuse, threats, harassment, or violence. Depending on the circumstances, a domestic violence restraining order may be a separate or additional legal option.
Learn more about domestic violence and family law in California.
If you or a child is in immediate danger, contact emergency services or the appropriate law enforcement agency.
Get help with an emergency family law matter
Ex parte proceedings move quickly, and the outcome can temporarily affect custody, parenting time, safety, finances, or property. The facts supporting the request—and compliance with California and local court procedures—can be critical.
Cullen Family Law Group represents clients in Riverside, San Bernardino, Temecula, and surrounding Southern California communities in emergency and other family law proceedings.
Contact Cullen Family Law Group today to schedule your confidential consultation.