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Yep, ex parte family law orders should be available for extreme situations, but they are widely abused, only need to meet a legal standard of preponderance of e
by bladegash 5y ago
Yep, ex parte family law orders should be available for extreme situations, but they are widely abused, only need to meet a legal standard of preponderance of evidence, do not require underlying criminal conduct, and can deprive a person of constitutional rights for months or more. They were technically temporary orders pending a full hearing, but those hearings can be delayed for a variety of reasons. In one order based on allegations, a person can lose access to their property, children, and more, all without being able to defense themselves or even participate in the hearing. It’s messed up.
- datavirtue 5y ago
- ozfive 5y agoC'mon now ... This is inappropriate at the very least.
- throwaway09223 5y agoIn my case, it was not issued ex-parte. In fact, it was not even requested relief. My impression is that these sorts of prior restraints are so normalized that they're applied as a matter of course.
- bladegash 5y agoWow, sorry to hear that. Can definitely introduce significant mistrust in the system and for good reason. Hope things have worked out better in the long term for you though!