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 Texas, ex parte hearings and relief are legal procedures where the court may issue orders or take action after hearing from only one party involved in a dispute. This is an exception to the general rule that both parties should be heard to ensure fairness and due process. 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, abduction risks, or abuse. Texas courts are cautious in granting ex parte orders and require substantial evidence of the emergency situation. Additionally, these orders are usually temporary, with a full hearing scheduled promptly to ensure the other party has an opportunity to be heard.
