5 Ways To File An Ex-Parte Application In California

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In California, an ex-parte application is a request made to the court for immediate relief without providing notice to the opposing party. This type of application is typically used in emergency situations where waiting for a regular hearing would cause harm or prejudice to one of the parties involved. Here, we will explore five ways to file an ex-parte application in California, including the necessary procedures and requirements.

Understanding Ex-Parte Applications in California

Before diving into the procedures for filing an ex-parte application in California, it's essential to understand what constitutes an emergency situation. The court will typically consider an ex-parte application if the situation is urgent and requires immediate attention. Examples of emergency situations include:

• A party is attempting to leave the country with a minor child
• A party is threatening to harm themselves or others
• A party is attempting to dispose of assets or property without permission

Method 1: Filing an Ex-Parte Application in Person

To file an ex-parte application in person, you will need to visit the courthouse where your case is pending. Bring the following documents:

• A completed ex-parte application form (available on the California Courts website or at the courthouse)
• A declaration or affidavit explaining the emergency situation and why you need immediate relief
• Supporting documentation, such as police reports or medical records
• A proposed order granting the ex-parte relief

Method 2: Filing an Ex-Parte Application by Fax

In some California courts, you can file an ex-parte application by fax. To do this, you will need to:

• Complete the ex-parte application form and declaration or affidavit
• Attach supporting documentation
• Fax the documents to the court's designated fax number
• Follow up with a phone call to confirm receipt of the fax

Important Note:

Not all California courts accept fax filings, so it's essential to check with the court clerk before attempting to file by fax.

Method 3: Filing an Ex-Parte Application by Email

Some California courts allow ex-parte applications to be filed by email. To do this, you will need to:

• Complete the ex-parte application form and declaration or affidavit
• Attach supporting documentation
• Email the documents to the court's designated email address
• Follow up with a phone call to confirm receipt of the email

Important Note:

Not all California courts accept email filings, so it's essential to check with the court clerk before attempting to file by email.

Method 4: Filing an Ex-Parte Application through the Court's Online Portal

Some California courts offer online portals for filing ex-parte applications. To do this, you will need to:

• Create an account on the court's online portal
• Complete the ex-parte application form and declaration or affidavit
• Attach supporting documentation
• Submit the application through the online portal

Important Note:

Not all California courts offer online portals for filing ex-parte applications, so it's essential to check with the court clerk before attempting to file online.

Method 5: Filing an Ex-Parte Application with the Help of an Attorney

If you are not comfortable filing an ex-parte application on your own, you can hire an attorney to assist you. An attorney can help you:

• Complete the ex-parte application form and declaration or affidavit
• Gather supporting documentation
• File the application with the court
• Represent you in court, if necessary

Important Note:

While hiring an attorney can be beneficial, it's essential to choose an attorney who is experienced in California family law and ex-parte applications.

Gallery of Ex-Parte Application in California

FAQs about Ex-Parte Applications in California

We hope this article has provided you with a comprehensive guide on how to file an ex-parte application in California. If you have any further questions or concerns, please don't hesitate to reach out to us.