Can I receive emergency relief without an ex parte order?
Where no ex parte order is entered, the court must set a hearing after providing five days’ notice to the other party or after five daysfrom the service of process on the other party, whichever occurs first, if three requirements are met. First, the movant must believe that there is “danger of serious and immediate injury to himself or herself or a minor child.” Second, the party of course must move for emergency relief. Finally, no ex parte order shall have been entered. If service on the defendant cannot be obtained, the court may have a hearing on the motion without the defendant being present.
