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 Kentucky, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent and emergency situation. Kentucky law recognizes that in certain circumstances, waiting for a full hearing with both parties present could result in irreparable harm. Therefore, the court may grant ex parte relief when immediate action is necessary to prevent such harm. This could apply in cases involving domestic violence, child endangerment, or the theft of trade secrets, among other urgent matters. The party seeking ex parte relief must typically demonstrate the emergency nature of the situation and the potential for irreparable harm if the court does not act swiftly. However, these orders are generally temporary, and the court must schedule a full hearing with both parties as soon as possible to ensure due process and fairness in the adjudication of the issue at hand.