What does it mean for a protective order to be "ex parte"?

A protective order being "ex parte" means that it is issued by the court without the presence or participation of the accused party. This type of order is typically considered in situations where immediate action is necessary to protect an individual from harm, especially in domestic violence cases. The rationale for granting an ex parte order is that the potential for harm is urgent, and the victim may not have the ability or opportunity to seek protection while notifying the other party.

In many instances, the victim presents their case to the judge and receives the protective order based on their statements and evidence without the other party being present to contest the request. This process ensures that the victim can receive timely protection, which is crucial in domestic violence scenarios. Once the ex parte order is granted, a subsequent hearing is often scheduled where both parties can present their cases.