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 West Virginia, ex parte hearings and relief are legal procedures where a judge makes a decision after hearing only from one party involved in a dispute. This type of hearing is an exception to the general rule that both parties should be notified and given the chance to present their case. Ex parte relief is typically granted in emergency situations where there is a risk of irreparable harm if the court does not act immediately. Examples of such emergencies include the theft of trade secrets, or in family law, instances where a child's safety is at immediate risk due to factors like domestic violence, drug and alcohol abuse, or sexual abuse. West Virginia law allows for ex parte orders in these urgent circumstances to protect the parties involved, especially in cases concerning the welfare of a child. However, these orders are temporary, and a full hearing with both parties present is usually scheduled promptly to ensure fairness and due process.