An ex parte hearing or ex parte relief refers to a situation in which the judge only hears from one party to a dispute before making a decision on some limited issue being presented to the court. Because fairness and due process of law generally require both sides of a dispute to receive notice of a hearing and the opportunity to be heard at the hearing, there must be an emergency situation in which harm that cannot be undone (irreparable harm) will occur if the court does not act immediately—without giving the other party notice and the opportunity to be heard on the disputed issue.
Emergency matters that justify ex parte relief might include the theft of trade secrets by a former employee, or, in a child custody dispute, removing the child from the state, domestic violence, drug and alcohol abuse, sexual abuse of the child, and other situations that put the child in immediate danger.
In Virginia, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent situation that requires immediate judicial intervention to prevent irreparable harm. Virginia law acknowledges the necessity of ex parte orders in circumstances where giving notice to the other party would result in a significant delay that could lead to harm that cannot be remedied. Such emergency situations may include, but are not limited to, cases involving domestic violence, child abduction, or the theft of trade secrets. In family law, particularly, ex parte orders are often sought to protect children from immediate danger due to abuse, neglect, or a parent's substance abuse. These orders are typically temporary, with a full hearing scheduled promptly after the ex parte relief is granted to ensure that the due process rights of all parties are respected. The subsequent hearing provides the other party an opportunity to be heard and to contest the allegations that justified the ex parte relief.