Legal Question in Family Law in Maryland

Re: need to know the differance

"Ex parte" is a Latin term which means "without a party." The term is most often used to refer to an ex parte hearing before a judge, where one person, usually the person who filed the suit, has a hearing without the other party present. Normally hearings don't occur without both parties present. In cases of alleged domestic violence, the victim can file a claim for protection from domestic violence and have a hearing on an emergency basis without the other person even knowing about it. If the judge is convinced that there is sufficient evidence to support the claim, the judge will order the other party, who isn't there, to stay away from the home, the workplace, and other places where the complaining party normally must be, for a few days. This "ex parte" hearing provides an emergency cooling down period to let both parties catch their breath after what may have been a dangerous family fight. A later hearing will be held with both parties able to present their side of the story. Because both parties are present, it is not an "ex parte" hearing. The party who was ordered to stay away has a chance to present a defense, and if he/she convinces the judge that the charges are not true, a longer (often a year) protective order will be denied. To summarize, the term "ex parte" refers to the initial hearing, where the alleged offender is not present. Everything which follows after that hearing is not ex parte, but commonly people use the term to refer to the whole series of court actions which deal with the domestic violence.

A restraining order, sometimes called a "peace order," is an order that someone not do something which has been threatening or bothersome to someone else. It may have to do with a family situation, such as the domestic violence situation, or it may have to do with a conflict between neighbors. For example, Mr. Smith may complain to his neighbor, Mrs. Jones, because she practices her saxaphone between one and three o'clock in the morning with her windows open, keeping Mr. Smith from sleeping. If he can't get her to stop any other way, he may file an action in the court asking for a restraining order, restraining Mrs. Jones from nighttime saxaphone playing. A restraining order can be about a lot of different conflicts, and it can involve parties who are, or are not, in the same family.

Because the ex parte order is an order to stay away and leave someone alone and to do no violence, it is a restraining order of a particular kind. Ex parte describes the circumstances during which the judge issues the order. Restraining order describes the kind of order it is, an order restraining a party from some specific kind of action.