“Ex parte” is a Latin term that means “from one party.” In the legal context, it refers to something that occurs without one party being aware of it. Specifically, an ex parte order is granted after the judge only hears from one side because of an emergency. It is an exception to the general rule that both parties must be notified and have an opportunity to be heard.
When it comes to restraining orders in Kentucky, a judge may issue an emergency protective order (EPO) to an alleged victim of domestic violence without notice or a hearing. This is due to the often urgent nature of domestic violence. An EPO is temporary. Once it is granted, you will be served with a copy of it, and a hearing for a full domestic violence order (DVO) will be scheduled within 14 days.
Similarly, an alleged victim of dating violence and abuse, sexual assault or stalking can seek an temporary interpersonal protective order (IPO) in an emergency situation. If the judge finds that there is an immediate and present danger of harm, then they can issue a temporary IPO. That ex parte order will then be served on you, and a hearing will be scheduled within 14 days.
Importantly, you have a right to be represented by counsel at a hearing for a DVO or an IPO. If you have been served with an ex parte restraining order, reach out to a Lexington domestic violence defense lawyer as soon as possible.