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 Georgia, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent situation that requires immediate judicial intervention to prevent irreparable harm. Georgia law acknowledges the necessity of ex parte orders in circumstances where providing notice to the other party would result in a significant delay that could lead to harm that cannot be undone. Such emergency situations may include, but are not limited to, the theft of trade secrets, immediate risks to child safety in custody disputes, domestic violence, and other scenarios where there is a threat of imminent danger. The court typically requires a showing of the emergency nature of the situation and the potential for irreparable harm before granting ex parte relief. After an ex parte order is issued, the other party is generally entitled to a prompt hearing where they can respond to the allegations and the court's temporary order.