What is a 'without notice' (ex parte) motion and when is it justified in a family violence situation?

A "without notice" motion, sometimes called ex parte, is a request to the court for an order made without telling the other party beforehand or giving them a chance to respond before it's granted. It's an exception to the normal family court process, which requires notice to the other side, and is reserved for situations where giving notice would itself create a real risk — for example, tipping someone off in a way that could lead to violence, flight with a child, or destruction of evidence — or where the situation is so urgent that waiting for normal notice periods would cause serious harm.

Because it departs from the basic fairness of letting both sides be heard, a without-notice motion is granted based on limited, one-sided evidence, so courts expect complete honesty from the person asking, including disclosing anything that might help the other side's position. Any order made this way is temporary, and the other party is served afterward and given an early opportunity to respond, at which point the judge decides whether it should continue. In a genuine family violence emergency, this route can be an important protective tool.