Law.com defines "ex parte" as a motion, order or hearing granted for the benefit of only one party. This is a counteraction to the common court procedure of both parties being required to be present to argue each side of a case. The term is Latin for "one party."Know More
Law.com states that ex parte usually serves as a precursor to a formal hearing and often results in a request for a continuance.
About.com states that ex parte orders are usually related to child abuse and domestic violence situations. In many of these cases, restraining orders are administered during such trials that stand until the official trial.Learn more about Law
In order to have a protective order dropped in Texas, a motion must be filed with the judge who ordered it. Both applicant and respondent are required to attend the hearing to show just cause for terminating the restraining order.Full Answer >
In order to obtain a court order, an open case must be present in the court or one must be opened, and then a motion filed for the court order that has supporting evidence to show why the order is justified. In most cases a court order is temporary until the court date, at which time if the case goes in the favor of the one requesting the court order it can be made permanent.Full Answer >
A pre-indictment hearing is when the suspect or witness of a crime is called to testify in front of a grand jury. During a pre-indictment hearing, the individual is not allowed to have defense council present and must answer the questions of the prosecuting attorney.Full Answer >
A preliminary hearing determines whether there is enough evidence to force an individual to stand trial, but it does not determine guilt or innocence. According to Nolo, a preliminary hearing allows both the prosecution and the defense to outline their cases, although the defense is not obligated to present information.Full Answer >