“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered after a hearing and ex parte order is entered before a hearing takes place.
The most common ex parte order in a divorce case is a Mutual Restraining Order to maintain the financial status quo or to preserve the marital estate. (herein: an “MRO”). An MRO is typically entered whan a divorce is filed when there is fear that property rights may be harmed without the protections of an order.
An ex parte order is different from a temporary order in that an ex parte order is entered before a hearing.
MCR 3.207(A) provides the Arbitrator with authority to issue an order without a hearing:
(A) Scope of Relief. The court may issue an ex parte and temporary orders with regard to any matter within its jurisdiction, and may issue protective orders . . .
MCR 3.207(B) sets forth the requirements for obtaining an ex parte order.
(1) Ex Parte Orders. (1) Pending the entry of a temporary order, the court may enter an ex parte order if the court is satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.
Simply put, a request for an ex parte order must contain: “. . . specific facts . . . that an irreperable injury, loss or damage will result from the delay required to give notice.”
Due Process of Law and ex parte orders
In sum, fault can and does play a role in the division of property, however, a fault penalty is not intended to punish the wrongdoer, rather, fault is taken into consideration in making an equitable (fair) distribution of property after taking into account all of the Sparks factors.
By: Daniel Findling (c) 2024
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