NeoDevin said: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..
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).
NeoDevin said: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 said: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 said:Good luck getting it implemented anywhere.
CAC1001 said: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 said:I am a college student. I'm 18 years old and have never been married.
An Ex Parte order is a court-ordered decision or ruling made without the presence or knowledge of all parties involved in a case. It is typically requested by one party, without prior notice to the other party, and is often used in emergency situations where immediate action must be taken.
Ex Parte orders are commonly used in situations where there is a risk of harm or danger to one party if immediate action is not taken. They may also be used to prevent one party from taking certain actions that could harm the other party or the outcome of the case.
The ethicality of Ex Parte orders can be debated, as they go against the principle of fairness and due process. However, they are sometimes necessary in urgent situations where immediate action must be taken to protect individuals or prevent harm.
An unethical Ex Parte order can lead to an unfair outcome for one party and may be considered a violation of their rights. It can also damage the integrity of the legal system and lead to mistrust in the court's decision-making process.
The use of Ex Parte orders can be regulated by setting strict guidelines and criteria for when they can be requested and granted. The court should also consider the potential consequences and weigh them against the urgency of the situation before making a decision.