An ex parte order in California is an emergency court order a judge issues quickly, often before the other side has been heard. To get one, you file a written application showing irreparable harm, immediate danger, or a statute that authorizes emergency relief; give the other party notice by 10:00 a.m. the court day before the hearing; and appear at a short hearing where the judge usually decides based on the paperwork. Courts use these orders in family law disputes over custody, in domestic violence cases, in civil litigation where delay would cause serious financial harm, and in probate matters involving fraud or mismanagement.
When a Judge Will Grant One
California treats ex parte relief as extraordinary. Rule 3.1202(c) of the California Rules of Court requires the applicant to show irreparable harm, immediate danger, or a specific statute authorizing emergency relief.1Judicial Branch of California. California Rules of Court Rule 3.1202 – Contents of Application Speculative harm or ordinary inconvenience will not clear that bar. You need concrete evidence: police reports, medical records, financial documents, sworn declarations from people with direct knowledge.
Custody cases carry a higher standard. Family Code Section 3064 bars a court from changing custody on an ex parte basis unless there is immediate harm to the child or an immediate risk the child will be removed from California.2California Legislative Information. California Family Code 3064 The statute defines immediate harm to include recent or ongoing domestic violence by a parent, sexual abuse of the child, or a parent’s illegal access to firearms. Ordinary disputes about parenting decisions do not qualify.
Domestic violence temporary restraining orders run on their own track under the Domestic Violence Prevention Act. The petitioner files paperwork, a judge reviews it, and temporary protection can issue before the other party is ever contacted.3Judicial Branch of California. The Restraining Order Process for Domestic Violence Cases The restrained person learns of the order only when served with it.
In civil cases, ex parte relief typically means freezing assets, stopping the destruction of evidence, or halting some action that would cause irreversible financial harm before a normal hearing can be held. Probate follows the same logic when an estate needs immediate protection from fraud or mismanagement.
What to File
The paperwork depends on which court you are in. Either way, the judge will decide largely from what you put on paper, so a vague or disorganized filing is the fastest way to lose.
Civil and Probate Cases
Rule 3.1201 requires five documents:4Judicial Branch of California. California Rules of Court Rule 3.1201 – Required Documents
- An application identifying the case and the specific relief you want.
- A supporting declaration based on personal knowledge showing irreparable harm, immediate danger, or a statutory basis for the order.
- A notice declaration describing the notice you gave, or explaining why you could not or should not have to give it.
- A memorandum of points and authorities explaining the law that supports your request.
- A proposed order for the judge to sign.
Family Law Cases
Family law uses Judicial Council forms. The main filing is Form FL-300, the Request for Order.5California Courts. FL-300 Request for Order The judge grants emergency relief on Form FL-305, Temporary Emergency Orders.6California Courts. FL-305 Temporary Emergency (Ex Parte) Orders Form FL-303 documents the notice you gave the other party.7Judicial Branch of California. Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (FL-303) Attach supporting evidence: existing custody agreements, police reports, witness declarations.
In either court, the supporting declaration is the document that matters most. Judges frequently rule on the papers without oral argument. Every factual assertion should rest on personal knowledge, not rumor or inference.
Notice to the Other Party
Even though the process is one-sided, California still requires notice in most cases. Under Rule 3.1203, you must notify all parties no later than 10:00 a.m. on the court day before the ex parte hearing.8Judicial Branch of California. California Rules of Court Rule 3.1203 – Time of Notice to Other Parties Phone, voicemail, email, or fax all work. If the other side has counsel, notify the lawyer.
The notice must state the specific relief you are asking for and when and where you will appear. You also have to try to find out whether the other side plans to oppose the request.9Judicial Branch of California. California Rules of Court Rule 3.1204 – Contents of Notice and Declaration Regarding Notice Keep records of every attempt.
When Notice Isn’t Required
Rule 3.1204(b) gives three options for the notice declaration. You can document notice you actually gave. You can describe a good-faith attempt that failed, spelling out exactly what you tried. Or you can argue that notice itself would defeat the purpose of the order, for example when warning the other side would prompt them to hide assets or flee with a child.9Judicial Branch of California. California Rules of Court Rule 3.1204 – Contents of Notice and Declaration Regarding Notice The judge decides whether the exception applies.
Domestic violence TROs skip advance notice entirely. The restrained person learns of the order when personally served.3Judicial Branch of California. The Restraining Order Process for Domestic Violence Cases Unlawful detainer cases get more flexibility: Rule 3.1203(b) allows shorter notice than the standard 10:00 a.m. deadline as long as what you give is reasonable.8Judicial Branch of California. California Rules of Court Rule 3.1203 – Time of Notice to Other Parties
Filing, Fees, and Local Rules
File your ex parte documents with the court handling the underlying case. As of 2026, the civil ex parte filing fee is $60.10California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford it, request a fee waiver on Form FW-001. The waiver is available if you receive public benefits, have low income, or cannot cover basic household expenses and court costs at the same time.11Judicial Branch of California. Ask for a Fee Waiver
Some counties accept electronic filing; others require in-person delivery, often by a morning cutoff on the day of the hearing. Because of the urgency, courts typically process ex parte filings the same day. Check your local court’s procedures before you file.
The Hearing
The applicant generally must appear, in person or remotely where the court allows it.12Judicial Branch of California. California Rules of Court Rule 3.1207 – Appearance Requirements Ex parte hearings are short and informal, sometimes held in chambers rather than open court.
Many judges decide on the written submission alone. If your papers are strong and the other side does not appear, the judge may sign the order without asking a question. Other times the judge will ask for clarification or hear brief argument, particularly if the opposing party shows up to contest.
When the opposing party does appear, the court will generally not proceed unless they were served with the ex parte application at the first reasonable opportunity.13Judicial Branch of California. California Rules of Court Rule 3.1206 – Service of Papers
For emergency custody changes, the judge applies the tougher Family Code 3064 standard and looks specifically for immediate harm or credible risk of removal from California.2California Legislative Information. California Family Code 3064 In civil cases, the court weighs the urgency of your request against the prejudice to the other side of acting without a full hearing.
What the Judge Can Order
If granted, the order takes effect immediately. What it can do depends on the case:
- Family law: temporary custody changes, supervised visitation, orders preventing a parent from taking a child out of state, protective orders limiting contact.
- Domestic violence: a temporary restraining order requiring the restrained person to stay away, leave a shared home, and stop all contact.
- Civil: asset freezes, temporary restraining orders, injunctions against specific conduct, orders preserving evidence.
- Probate: emergency appointment of a temporary fiduciary, orders blocking asset transfers, protective measures for vulnerable adults or estate property.
The judge can also modify what you asked for, granting some parts and denying others or imposing conditions. A denial does not block you from pursuing the same relief through a regular noticed motion.
Serving the Order and the Follow-Up Hearing
A granted order does not enforce itself against someone who does not know about it. You must serve the order and supporting papers on the other party. In family law, FL-305 and FL-300 must be personally served, meaning someone other than you hand-delivers them to the other party.5California Courts. FL-300 Request for Order
Temporary emergency orders expire on the date and time of the follow-up hearing unless the court extends them.6California Courts. FL-305 Temporary Emergency (Ex Parte) Orders When the judge grants the order, the court sets that hearing, where both sides can appear, present evidence, and argue.14Judicial Branch of California. Ask for an Emergency (Ex Parte) Order Whatever the judge decides there replaces the temporary order. In family cases, the respondent has the right to at least one continuance to prepare.
If You’re the Person the Order Is Against
Your main remedy is the follow-up hearing already on the calendar. Show up with declarations and evidence that answer the applicant’s claims. This is your first real chance to be heard by a judge who has so far only seen one side.
If you need the order changed before that hearing, you can file a motion to modify or vacate it. Grounds include new facts, a material change in circumstances, or procedural defects such as deficient notice or false statements in the supporting declaration.
Comply with the order while your challenge is pending. Ignoring it exposes you to contempt and destroys your credibility with the judge who will decide whether to keep it in place.
Penalties for Violating the Order
Violating an ex parte order is contempt of court. Under Code of Civil Procedure Section 1218, a person found in contempt can be fined up to $1,000, jailed for up to five days, or both, and ordered to pay the other side’s attorney fees.15California Legislative Information. California Code of Civil Procedure 1218 Family law contempt carries stiffer consequences, and penalties escalate with each subsequent violation.
Domestic violence protective orders are actively enforced by law enforcement, and violating one is a separate criminal offense. Compliance history also affects the underlying case: judges weigh it when making custody decisions and dividing property.