- The motion is called before the judge. The plaintiff is ordered to stand in front of the judge presiding over the hearing and explain the facts she listed in the complaint. For example, if the plaintiff is seeking a temporary restraining order, she tells the judge the reasons why she needs the order such as a respondent's stalking or threatening to kill her.
- During the ex parte hearing, the judge questions the plaintiff about the case. The judge may interrupt the plaintiff to ask questions or wait until she's finished. For instance, if the plaintiff is explaining that the respondent has spent time stalking, then the judge may interrupt to ask for more details involved in the event.
- After hearing all the facts involved in the plaintiff's case, the judge makes a decision. The judge either rules in the plaintiff's favor granting the motion or dismisses the complaint. If he rules in her favor, he explains the details of the matter. When granting a restraining order, for instance, the judge explains when the order is in effect---when the respondent is served---and for how long. The judge also sets the next court date.
- In some ex parte hearings, the plaintiff may call witnesses to aid his case. For example, if he's received threats that have been investigated by police, then he may call the police detective assigned to his case to testify. Also, the plaintiff doesn't have to represent himself in the ex parte hearing. Instead he can hire a lawyer to represent him in the case. With an ex parte hearing, the respondent has no knowledge about the case, thus the judge doesn't have to consider his side of the case. Often the cases are heard the same day that the complaint is filed with the court. However, the respondent does receive notice of the next court date and is expected to appear.
previous post