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 Wisconsin, ex parte hearings or 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. These hearings are an exception to the general rule that both parties should be notified and given the opportunity to be heard. Wisconsin law allows for ex parte orders in various emergency situations, such as those involving domestic violence, child abuse, or the imminent threat of a child being removed from the state. For example, under Wisconsin statutes, a judge may issue a temporary restraining order on an ex parte basis in cases of domestic abuse, child abuse, harassment, or individuals at risk, if the judge determines that there is a substantial risk of harm that would occur if the order were not issued immediately. The affected party must be provided with notice and an opportunity for a hearing as soon as reasonably possible after the ex parte order is issued to ensure due process rights are upheld.