Past Threats For Ex Parte

Summary

Past threats of physical abuse can be used in an ex parte hearing in California. Courts consider past patterns of abuse when making decisions. Text messages can serve as evidence, but the judge will decide their weight. Emotional abuse and medical neglect are also serious concerns and can be part of your case. An ex parte is a legal proceeding brought by one person without notifying other parties, used in urgent cases. A judge may determine immediate action is needed if theres a risk of immediate harm, threat of removal from the state, or potential for irreparable harm.

Full Conversation

I was wondering if past threats of physical abuse can be used for an ex parte? Even if they are years old
In California:
- Past threats of physical abuse can be used in an ex parte hearing.
- Courts consider past patterns of abuse when making decisions.
- It's crucial to provide evidence of these threats if possible.
I have text messages from my dad of these threats
That's good, you collected evidence. In California, text messages can be used as evidence. However, the judge will decide how much weight to give to them. It's advisable to consult with a lawyer to prepare your case.
Yeah well my grandma was mainly worried about the emotional abuse and the medical neglect
In California:
- Emotional abuse and medical neglect are serious concerns.
- They can be part of your case.
- Document all instances and seek legal advice.
- Child Protective Services can be contacted if needed.
How does an ex parte work exactly?
In California:
- An ex parte is a legal proceeding brought by one person in the absence of and without representation or notification of other parties.
- It can be used in urgent cases where immediate action is needed.
- A judge reviews the case and can issue temporary orders lasting up to 25 days.
- The other party is later given a chance to tell their side.
Oh ok thank you and how would a judge determine if immediate action id needed?
In California, a judge may determine immediate action is needed in an ex parte proceeding if:
- There's a risk of immediate harm or danger to a child.
- There's a threat of being removed from the state.
- Any delay would cause irreparable harm.
Remember, the judge's decision is based on the evidence presented.