What Is an Ex Parte Order?
An ex parte order is a court order issued without notice to or participation by the opposing party. In the protective order context, both the interim and temporary protective order stages can involve ex parte proceedings. The term derives from the Latin phrase meaning "from one side" — reflecting that only the petitioner's perspective is before the court when the order is first issued.
Maryland law permits ex parte protective orders under Family Law Article §4-505 because of the emergency nature of domestic abuse situations. The legislature determined that requiring notice to the alleged abuser before issuing an order could itself endanger the petitioner. As a result, the system allows for immediate protection before the respondent has any opportunity to be heard.
Constitutional Dimensions
The ex parte nature of the initial protective order stages raises due process concerns — the respondent is subject to significant consequences (removal from their home, no-contact requirements, firearm surrender) before having any opportunity to contest the allegations. Maryland law addresses this by providing the respondent with a hearing at the earliest practicable time — the temporary protective order hearing, which must be scheduled for the next day the court is open after the interim order is issued.
The respondent's due process rights are preserved through this hearing opportunity, not through notice before the initial order.
What to Do When You Are Served with an Ex Parte Order
- Read the order carefully — The order specifies exactly what you are and are not permitted to do. Understand every provision before taking any action.
- Comply immediately and completely — Regardless of whether you believe the allegations are true, violating any provision of the order is a criminal offense. If the order requires you to vacate a residence, you must leave immediately — even if you own the property.
- Note the hearing date — The order will include a date for the temporary protective order hearing. This is your first opportunity to contest the allegations.
- Contact an attorney immediately — The time between service of the order and the temporary hearing is short — often less than 24 hours. An attorney needs that time to review the petition, prepare for the hearing, and advise you on strategy.
- Do not contact the petitioner — Even if the petitioner contacts you, you must not respond in ways that violate the order. Petitioner-initiated contact does not suspend your compliance obligation.
The temporary protective order hearing is the respondent's first opportunity to contest the ex parte order. At this hearing, both parties may appear and present their positions. The District Court judge decides whether to continue the order, modify it, or dismiss it. If the respondent does not appear, the temporary order is typically continued with few questions asked. An attorney present at the temporary hearing can present evidence, cross-examine the petitioner, and argue against continuation of the order — significantly improving the odds of a favorable outcome at this early stage.