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Ex Parte Restraining Order

Quick Facts

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A spouse may request an ex parte restraining order that can otherwise be the subject of a temporary order, with exceptions. Ex parte is a Latin phrase that means "for one party" and is properly pronounced /ex-par-tay/. In this type of procedure, the requesting party acts without the participation—and in many cases without the knowledge—of the other party.

A restraining order may not exclude either spouse from the family home, except after a finding by the court of immediate danger of physical harm to the other spouse or the children.

A restraining order may not deny parenting time to either spouse or grant custody of the minor children to either spouse, except after a finding by the court of immediate danger of physical harm to the children.