What does 'ex parte' mean in the context of obtaining a restraining order?

In the context of obtaining a restraining order, 'ex parte' refers to a decision made without the other party's presence. This legal term is typically used in situations where one party can request an urgent court order without having to notify the other party beforehand. The rationale behind this procedure is to ensure the safety of the individual seeking the restraining order, as there may be a threat of immediate harm or risk to their well-being.

By allowing an ex parte hearing, the court can grant temporary relief quickly, which is crucial in domestic violence situations where delays could have serious consequences. It’s important to note that while an ex parte restraining order can provide immediate protection, it usually is subject to a follow-up hearing where both parties are given the opportunity to present their cases. This ensures fairness in the process when considering the continuation or modification of the restraining order.