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View Full Version : Are Ex Parte orders ethical?


Char. Limit
Dec27-10, 11:59 PM
Tell me about it. I only learned about them after I got married. j/k

In other news: You don't have to be married for them to use it (support is harder for them to get if you weren't supporting them prior, but restraint and custody are still pretty easy).

Some lawyers apparently make it a standard practice to apply for an ex parte order, because even if the order is overturned later (the husband convinces the court that he's not abusive, probably takes months) the wife has custody of the children, and the court is less likely to move the children later.

Moral of the story: If you're a husband, and you think your wife is considering divorcing you, file first.

Anyways, this is off topic, if you want to keep going, make another topic, and we can talk about the ethics and practicalities of ex parte orders..

Quoted from this last thread, here: http://www.physicsforums.com/showthread.php?t=459330&page=2

Personally, after reading this quoted bit:
In other news: You don't have to be married for them to use it (support is harder for them to get if you weren't supporting them prior, but restraint and custody are still pretty easy).

Yeah, why would I get married and have children again? Seems like a pretty big risk... and considering that almost half of marriages are starting to end in divorce (http://www.straightdope.com/columns/read/2435/is-it-true-half-of-all-marriages-end-in-divorce), are the odds even worth the risk?

NeoDevin
Dec28-10, 12:11 AM
As I said in the quoted bit, it doesn't matter if you're married. (I can't find any references for that at the moment, but I remember when I first read about ex parte orders that there were a few examples of common law couples where they were used, and at least one where it was used against a casual boyfriend. I can't remember which country these cases were in either, so your mileage may vary.)

I can see the need for them, in cases where the husband (or wife, though I have never actually read of a case where the husband won an ex parte order against the wife) is actually abusive, and the applicant has legitimate reason to fear for their life.

Having said that, in practice it often only takes an unfounded accusation of abuse to win an ex parte order. Perhaps the laws should be amended so that if the accusation of abuse is shown to be completely frivolous (that is, not only that the husband is not abusive, but that the wife had no reason at all to think that he might be or become so) then there is some sanction against the wife (starting with an automatic reversal of any custody order and negation of any support or restraining order, possibly going as far as forfeiture of claim to some or all of the pair's possessions in the divorce proceedings).

Char. Limit
Dec28-10, 12:15 AM
Having said that, in practice it often only takes an unfounded accusation of abuse to win an ex parte order. Perhaps the laws should be amended so that if the accusation of abuse is shown to be completely frivolous (that is, not only that the husband is not abusive, but that the wife had no reason at all to think that he might be or become so) then there is some sanction against the wife (starting with an automatic reversal of any custody order and negation of any support or restraining order, possibly going as far as forfeiture of claim to some or all of the pair's possessions in the divorce proceedings).

Now you see, that's what worries me. All it takes is for the wife to say "I think he might abuse me later" to get custody, his money, his belongings, a restraining order... essentially, ruin his life completely. Now, if it turns out she's wrong, nothing happens. What you suggest here, NeoDevin, might be the best choice, but I might substitute "no reason" with "negligible to unreasonable reason".

NeoDevin
Dec28-10, 12:21 AM
Now you see, that's what worries me. All it takes is for the wife to say "I think he might abuse me later" to get custody, his money, his belongings, a restraining order... essentially, ruin his life completely. Now, if it turns out she's wrong, nothing happens. What you suggest here, NeoDevin, might be the best choice, but I might substitute "no reason" with "negligible to unreasonable reason".

Good luck getting it implemented anywhere.

Char. Limit
Dec28-10, 12:22 AM
Good luck getting it implemented anywhere.

And that's why I hate politics and politicians.

CAC1001
Dec28-10, 05:33 PM
Char. Limit, were you married before...? (I ask because I was looking through the PF mug thread and saw your pictures, I thought you were a college student...??)

Char. Limit
Dec28-10, 06:57 PM
I am a college student. I'm 18 years old and have never been married.

Jack21222
Dec28-10, 07:33 PM
Char. Limit, were you married before...? (I ask because I was looking through the PF mug thread and saw your pictures, I thought you were a college student...??)

He's obviously David Draiman, the lead singer of Disturbed.

CAC1001
Dec28-10, 08:28 PM
I am a college student. I'm 18 years old and have never been married.

Ahh okay, for a second I thought I had you mixed up with someone else.