Ex Parte: What is it? What does ex parte mean? What does an ex parte order mean in context of my divorce?
Ex Parte Defined
Ex Parte is the act of appearing in front of a judge without all sides of a case present. It literally means “for one party”. In the legal arena, it means that one party (usually the wife) appears or has appeared before a judge without the other side present. In short, one side gets to share their side of a story with a judge, but the other side doesn’t get to share their story.
When this happens in King County, the judge based in Seattle or Kent has to decide whether or not to grant the wife’s request for relief without the husband even knowing that their wife was in court. If the judge grants the wife’s request, the judge writes an “ex parte order” that must be served on the husband. Although not always, the ex parte order is heavily in favor of the wife (or person who sought it).
Can Ex Parte Orders be abused?
Absolutely. Theoretically, ex parte relief is suppose to be rare and limited to extreme circumstances. In reality, ex parte relief is granted all the time, and, yes, it can vary based on the commissioner. Ex Parte Orders can be abused because of their ability to set the tone of a case.
Some commissioners operating in Seattle or Kent for King County are more apt to grant them than others. Typically, commissioners in Everett (Snohomish) and Tacoma (Pierce) County are more conservative in granting them in comparison to King County commissioners in Seattle and Kent, but this too can vary.
What does my ex parte order mean in context of my divorce?
If you are researching this term, it’s probably because you’ve just been served with an ex parte restraining order. Normal divorce cases don’t have a need for ex parte relief. Divorce cases that do require some sort of temporary relief (rules) usually go straight to the motions calendar without the use of the ex parte department.
If you’ve been served with an ex parte restraining order, it’s bad news. How bad? It depends on what relief your wife or spouse got from the commissioner at the time her attorney appeared in front of the commissioner. Restraining orders can do a variety of things. They can freeze bank accounts.
They can prevent you from seeing your kids. They can even kick you out of your home. If you’ve just been handed an ex parte restraining order, see our page on what to do when you have been handed one.
If you need help understanding your ex parte order, you can contact our Seattle office to arrange a consultation.
