Ex Parte Domestic Violence Orders of Protection: How Easing Access to Judicial Process Has Eased the Possibility for Abuse of the Process

Abstract

This article explores how state domestic violence statutory schemes that grant temporary ex parte orders have inadvertently lead to the abuse of orders of protection. Part I introduces how domestic violence statutes came to be, and describes how the typical statutory scheme works when it comes to granting ex parte orders. Part II examines the problems that occur when ex parte relief is easily obtained. Part III looks at the factors that contribute to the ability to misuse orders of protection. Part IV discusses due process and ex parte orders of protection. Part V is a survey of the state statutory schemes. Specifically, it analyzes participation by judicial officers, prompt post-deprivation hearings, verified petitions or affidavits, and the showing of irreparable harm. Part VI looks at form pleadings as a contributing factor. Finally, Part VII asserts that conscientious judges are the ultimate assurance of due process.

Keywords: domestic violence, orders of protection, ex parte orders, ex parte relief, due process, post-deprivation hearings, verified petitions, irreparable harm, form pleadings

JEL Classification: K36