You will be granted an Ex Parte order by the judge if you manage to provide a strong affidavit and supporting documents. Note that depending on the court you apply for an Ex Parte Hearing, the filing application requirements may vary. An ex parte motion expedites the usually slow legal system. Speak only when spoken to. In California, the party seeking an ex parte order must notify all parties no later than 10:00 A.M. previous the court day and. Ex Parte: The initial Protective Order is called an “ex parte” because only the complaining individual is present. Ex Parte Hearing procedures vary from state to state. Recently, California changed the term from ex parte to an application for an emergency order, which is really how the old phrase, ex parte, got its name. At court, the judge decides if the protection order will be canceled or continued for one year. These requests are appropriate in situations where there is urgent intervention needed. It is up to the petitioner to provide adequate proof of harassment for an urgent situation involving ex parte. The party filing a motion for emergency or ex-parte relief must show that immediate and irreparable harm will be done to a party, the children or the marital estate before the other party can be heard on the issue. You will need to be there! Any ex parte order of protection shall be in effect until the time of the hearing, and, if the hearing is held within fifteen (15) days of service of such order, the ex parte order shall continue in effect until the entry of any subsequent order of protection issued pursuant to § 36-3-609. The judge would weigh the potential hardship to each party in deciding whether to grant such a request. Request for an Ex Parte Emergency Hearing in Baltimore County. Ex parte means the “plaintiff” (person claiming to be a victim of domestic violence) may ask for a court hearing without notifying the "defendant" (person accused of domestic violence). Phone: (818) 553-1000 Avoid discussing your case publicly. Hearings before grand juries, and affidavits, are ex parte. The order is issued based upon their information only and you are not given a chance to defend yourself against the allegations. Ex parte proceedings are very rare in the judicial system because all interested parties are not present or represented. Use the documents you received when you were served to find the date, time, and location where the hearing is going to take place. An ex-parte hearing is an urgent matter and is requested by one party with short notice to the opposing party. While some sources advise that there are no guidelines, or only a few guidelines, for awarding child custody, this is not accurate. A compromise order, involving a situation where everyone knows what the rules are, may be better than no order. These orders provide immediate relief, as opposed to waiting weeks to schedule a court hearing. In one recent Orlando area case, a trial court custody order was overturned by the 5th District Court of Appeal precisely because the parent who obtained the ex parte change in custody never offered proof of an actual emergency. There’s no time for that. Ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin legal term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". © 2019 The Margarian Law Firm. Consequently, an ex parte decision is made by the. Scheduling a Hearing for Unlawful Detainer (Ex-Parte and Motion) Ex-Parte. You have no obligation to appear, however, it is probably in your best interest to appear. Yet, an exception is made in emergency situations when there is a need of immediate court intervention. 1901 FIRST AVENUE, SAN DIEGO, CA 92101-0309, 1801 Century Park East, 24th Fl., LOS ANGELES, CA, 90067. Maybe there is no agreement on the long term solution but both sides agree on what should happen until there is time for a regular hearing. Then the order, including any temporary/ex parte order, is either dismissed, or is entered as a full order lasting from 180 days up to a full year. You will need to tell them what orders you are asking the judge to grant. The party filing the ex parte application must provide a written declaration that they have complied with notice requirements, as well as a declaration based on personal knowledge that there is an immediate danger of irreparable harm. These rules may be referred to as "the emergency orders rules." You must attend this hearing and you should bring any witnesses, documents, photos, or other evidence of the abuse with you to the hearing. As all Ex Parte hearings are time sensitive and usually too emotional, it is highly advised to consult an Ex Parte attorney who will help you before and during Ex Parte hearing process. You must also file your paperwork prior to 10 a.m. the day before the hearing. You should be prepared to also submit supporting documentation to demonstrate t… Many people do not realize how important this hearing is. I. Court practices vary among individual North Carolina counties. At the ex parte hearing is the latest you should receive the ex parte application and all the paperwork, assuming you have not already. If you were served a “Ex Parte Order of Protection” document or something similar, there are already Orders in place. It’s only fair. Return OrdersWhen the court issues an ex parte order, it sets up another hearing in about two weeks, with notice to the defendant, where he can come and argue his case. Suite 210, Glendale, CA 91203. The applicant must schedule the ex parte hearing ahead of time with the court department. Modifications), Child Support (inc. Arrears and Interest). Before you can have an ex parte hearing, you must first obtain the court's permission. In California, as in most American states, ex parte appearances are usually not allowed. The party filing the ex parte application must provide a written declaration that they have complied with notice requirements, as well as a declaration based on personal knowledge that there is an immediate danger of irreparable harm. Ex Parte Hearing procedures vary from state to state. Purpose of Allowing Ex Parte Proceedings. But keep in mind, if the ex parte is denied and the court sets the matter for a regularly noticed motion, they you should file a response. Why wait on a counselor's report or psych evals or family studies? In this latest episode of Clause 8, I speak with former Administrative Patent Judge Joe Lentivech to get answers to these questions. RSMO Section 455.045. An ex-parte hearing is chance for you to discuss the case with a senior officer who must decide whether or not the original examiner was correct and what, if anything, can be done to resolve matters. Ex parte hearings are designed to reduce that time drastically. Do you have any evidence to rebut the Petioners claims? Lastly, in order for you to be given notice, you must receive notice of the ex parte hearing before 10:00 a.m. one court date prior to the actual hearing. Email: info@margarianlaw.com, The Margarian Law Firm801 N. Brand Blvd. You can submit ex parte orders for custody matters, the prevention of immediate bodily harm, or the prevention of financial damage. New York child custody laws are geared toward protecting the best interests of the child. Otherwise, nothing would prevent any of us from finding the judge at the grocery store or the gas station or wherever and putting in a good word about ourselves or our client. The Clerk can tell you the date and time for this hearing. However, if you planned on having a Witness bring that person just in case you are allowed to bring them up. /or even shorter upon showing of emergency need. The Judge will consider the Application and make such Order he/she sees fit. Lastly, in order for you to be given notice, you must receive notice of the ex parte hearing before 10:00 a.m. one court date prior to the actual hearing. Texting, calling, emailing, or even posting anything about the person on social media might be a … That is typically done by phone although it can be done in writing, or both. But family law lawyers –and many people who have gone through the divorce process, especially if their cases involved child custody or domestic violence– are familiar with the term. I just got the papers today. End of story. An “ex parte” protection order lasts until you go to court, if you ask for a hearing to contest the order. 1901 FIRST AVENUE, SAN DIEGO, CA 92101-0309 The party filing must notify the other side of their intent to file an emergency or ex-parte motion. contacting the calendar clerk of the court for obtaining a hearing date, meeting the specific filing requirements and deadlines, etc. The court shall also cause a form to request a show-cause hearing to be served upon the respondent. Bring sworn … In Orange County, an ex parte application has to be noticed by 10 AM the day before the ex parte hearing is set to be heard. The adverse party is to be noticed twenty-one days prior to a pending hearing. One type of ex parte hearing is presided over by a judge at which all the parties are not present. Without notice the court could have set the matter for a hearing with no temporary orders for custody, thus making our Ex Parte application have no effect. Law Educator, Esq., Attorney. Due to their profound knowledge of the law and ability to act fast, attorneys at the Margarian Law firm will guide you through the process of getting an Ex Parte hearing and protect your rights effectively. Noticed Motion. A hearing is held, and each side may present evidence under oath. 818.245.4411 Then, you have the disappointment of losing and also the additional time spent pursuing the matter as a factor. The last court date was March 26th again still had no papers served to me so the Judge pushed it out to July 24th. (A) Decree When Ex Parte: Ascertaining the nature of the decree whether it is an ex parte decree is a mixed question of law and fact. If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order. The facts are the facts. The respondent can object to the ex parte order. A failure to make such disclosure is ordinarily sufficient to warrant discharge of such order as might be made. You must appear calm. Also known as an in camera ex parte hearing, a private court proceeding involving only one of the parties to a case, conducted by the judge to review one aspect of the case. The worst is having the judge put your matter at the end of the calendar and then having it denied, maybe because the court file could not be found. The party filing must notify the other side of their intent to file an emergency … The court may grant a temporary restraining order without notice to the opposing party if the party requesting the order can show specific facts that immediate and irreparable injury, loss or damage will result before notice can be served on the opposing party. Ex Parte: The initial Protective Order is called an “ex parte” because only the complaining individual is present. Unless it is an emergency the Court generally does not do much at an Ex Parte Hearing. Why wait for a final hearing in family court to get your children back? Because of that fact, judges are very reluctant to grant emergency custody orders. With all those “regular” cases waiting to be heard, the judge is not going to have much time to hear an ex parte matter, especially if there are other people who have ex parte applications as well. First, except where there is a severe risk of violence, let the other side know about your ex parte appearance. Also, the judge does not get much time, if any, to review your file and to read anything you have written in connection with the ex parte application. Each county has their own procedures. The courts’ approaches fall generally into two formats of how to handle an ex parte emergency child custody matter – 1) the court will review the pleadings and make a ruling on them without hearing oral argument and 2) the court will review the pleadings, listen to argument, an… It is a request for a hearing without the other party being present. Recently, a client on mine, a mother, was residing with the father of their minor infant child. For instance, in some states, you are allowed to present your ex parte application to the judge the same day you file it in court. So the facts of your matter and the request that you are asking for, have to be easy for the judge to understand. What does it take to win an ex parte appeal? The other side, however, has the rightto request that a hearing be scheduled within 5 days. Note that depending on the court you apply for an Ex Parte Hearing, the filing application requirements may vary. In these cases, no amount of begging or pleading is going to convince the judge. This is called a "return" day. In Sacramento, different departments hear different types of motions, including ex parte applications on those matters: The Presiding Judge (Dept. Avoid discussing your case publicly. If you do not ask for a hearing, then the protection order remains in effect for a year. The adverse party is to be noticed twenty-one days prior to a pending hearing. Depending on your jurisdiction and the judge's requirements, you first have to submit a petition for an ex parte hearing. Such hearings are used to temporarily address emergency matters. We are a full service law firm in Los Angeles, California. Sometimes, an ex parte proceeding is heard without notice or on shorter notice although that is uncommon. A little bit of background. Because it is one-sided, an ex parte is only short term. An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. You have no obligation to appear, however, it is probably in your best interest to appear. If the child is in danger, there may be a way to avoid having to give the other parent advance notice of the ex parte … What are the chances of the PTAB reversing a Section 101 rejection? Did Not Give Notice Example. ex parte: [ Latin, On one side only. ] New York case law gives many guidelines and has defined best interests quite extensively. First, except where there is a severe risk of violence, let the other side know about your ex parte appearance. On the other hand, if your case is not an emergency, you risk the loss of time and money for a trip to the courthouse only to have the judge tell you that what you thought was an emergency really is not an emergency. Only one party is required to attend an ex parte proceeding. Yet, an exception is made in emergency situations when there is a need of immediate court intervention. The purpose of Ex Parte application is to prove that you, as a petitioner, need an urgent order because of an emergency situation. © 2020 Law Offices of Andy Cook. All rights reserved. 1801 Century Park East, 24th Fl., LOS ANGELES, CA, 90067. that which is had or taken by one side or party in the absence of the other. When should you request an oral hearing? There is usually a court reporter present who will record what is said. The applicant must schedule the ex parte hearing ahead of time with the court department. And if the matter is complicated, the judge can simply decide that the matter is not appropriate for an ex parte application. 1901 First AvenueSan Diego, CA 92101-0309, 1801 CENTURY PARK EAST, 24th FlLOS ANGELES, CA 90067. Ex parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. In addition, you will also need to tell them where and when the hearing will take place. OK, I am probably not the first one who took the legal term and matched it with the words from Leslie Gore’s famous 1963 song. The other side, however, has the rightto request that a hearing be scheduled within 5 days. Normally, however, an ex parte notification in an unlawful detainer eviction case only requires one day advance notice, and the notice can be given by phone call. An ex parte judicial proceeding is conducted for the benefit of only one party. You will be granted an Ex Parte order by the judge if you manage to provide a strong affidavit and supporting documents. That won’t come into play. It’s my ex parte (pronounced party) and I’ll cry if I want to. But in California, if it is an emergency, you can see the judge, with as little as one day’s notice to the other side about your planned visit to the courthouse. The predominant use is to refer to an ex parte hearing, being one which is heard in the absence of one or more parties. Second, make it simple. Keep in mind, you must call the opposing party by 10:00 a.m. the court day before the ex parte date to provide notice of the hearing. This requires you to petition the court without notifying any of the other parties to the underlying matter. If there is no evidence that the other side had notice and if he or she is not present at the hearing, then, all things being equal, there is a greater chance that the ex parte application will be denied. Ex Parte Hearings are common proceedings when one of the parties seeks urgent court intervention. What does it take to win an ex parte appeal? Specifically, California’s Rules of Court allow ex parte or emergency application for orders to prevent domestic violence; for orders to prevent immediate loss or damage to property subject to disposition in the case; or to make orders about procedural matters such as the hearing date. In Sacramento, different departments hear different types of motions, including ex parte applications on those matters: The Presiding Judge (Dept. In family law cases, the need to protect children can create situations in which an ex parte hearing is necessary in the case of an emergency. Courts around the country are required to grant ex parte orders when a person alleges that he or she has been abused by a family member, domestic partner or certain other individual. With all those “regular” cases waiting to be heard, the judge is not … As a rule, parties involved in a court case are entitled to be noticed and heard. Unless your circumstances put your child in immediate danger, as outlined by the qualifying criteria for an Ex Parte hearing above, your divorce should not mean that your child has to live without one parent. For example, a parent may seek an ex parte order granting sole custody of a child following an instance of child abuse or a person may seek an ex parte protection order following an instance of domestic violence. There is a fee for the ex parte hearing payable at the time of filing, unless you have a waiver of fee on file. She filed back in September 2018 we have had 3 court dates on this matter and they keep being pushed out because she fails to serve me papers. The hearing will be within thirty days, so the other party may have an opportunity to express his/her views on the emergency request. Common crawl. Specifically, the Rules of Professional Conduct in California prohibit speaking with a judge about a contested matter pending before the judge except in open court; with the consent of all other attorneys in the matter; in the presence of all other attorneys in the matter; in writing with a copy furnished to all other lawyers; or in ex parte matters that the law specifically allows. So, here are a few clues on going ex parte and winning. Application and Notice Requirements This Order will be made in the absence of the Respondent. One of the most common forms of an ex parte order is in a protection order for a victim of domestic violence. But none is necessary for the ex parte. Third, see if you can reach an agreement with the other side. Notice to the opposing party must be provided by 10:00 a.m. the day before the ex-parte hearing. If the judge wants you to notify the defendant of the hearing, I would suggest that you provide him with a copy of everything you have filed with the court. Once it is held, usually for a pitiful few minutes, the order is rigidly set in stone for life. Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing. An ex parte, according to Wikipedia, is a decision “decided by a judge without requiring all of the parties to the controversy to be present.” An ex parte motion, however, should always be opposed by the landlord. Request for temporary emergency (ex parte) orders; application; required documents (a) Application The rules in this chapter govern applications for emergency orders (also known as ex parte applications) in family law cases, unless otherwise provided by statute or rule. For instance, in some states, you are allowed to present your ex parte application to the judge the same day you file it in court. And if the case involves domestic violence, you might not have to give any notice. The experience at an ex parte child custody hearing varies greatly from county to county in California, and even from courtroom to courtroom in the same county. Sign the affidavit. The Ex Parte attorneys at the Margarian Law firm have extensive experience obtaining and handling Ex Parte hearings. In California, the party seeking an ex parte order must notify all parties no later than 10:00 A.M. previous the court day and /or even shorter upon showing of emergency need. You may want to find an experienced family law attorney in your area to assist you in this matter. If you fail to appear at the hearing, the judge will dismiss the order. Or as Leslie Gore would say, “You would cry too if it happened to you”. When is a Prenuptial Agreement a Good Idea? An ex parte order is a legal document filed with the court without notifying the other spouse. If the case truly involves an emergency, go for it; with reductions in court funding and the resultant layoff in staff, if you simply file papers and wait your turn in line, you may be talking about three months or more before you get to court, especially if the case involves child custody. Ex ParteMotion Granted: If the court grants an ex partemotion, a hearing will be scheduled before you leave the court. Pursuant to statute, a hearing with both parties must be held within 15 days (or longer if good cause is shown) in … Texting, calling, emailing, or even posting anything about the person on social media might be a … In your petition, you will have to convince the judge that you need an immediate order due to an urgent underlying situation. The party filing the ex parte application must provide a written declaration that they have complied with notice requirements, as well as a declaration based on personal knowledge that there is an immediate danger of irreparable harm. The matter was set for a full hearing 45 days later. The hearing will be within thirty days, so the other party may have an opportunity to express his/her views on the emergency request. Ex parte hearings are simply emergency hearings. Complete an affidavit that states why you need an ex parte hearing, rather than a traditional hearing. As all Ex Parte hearings are time sensitive and usually too emotional, it is highly advised to consult an Ex Parte attorney who will help you before and during Ex Parte hearing process. Ex parte basically means an authorized process to speak to the judge handling your case with very little notice (or perhaps no notice) to the other side. Due to their profound knowledge of the law and ability to act fast, How to Find the Best Attorney at Law in California, Lemon Law and Dealer Fraud Amidst COVID-19. What if the Problems with My Vehicle Happened After 18,000 Miles or 18 Months. Imminently ( normally the same day that the matter is not appropriate for an ex parte relief not... Pronounced party ) and I ’ ll cry if I want to is probably in area... Apply for an ex parte application or 18 months to understand an immediate order due to an urgent and! Avenue, SAN Diego, CA, 90067 hearing before a judge to understand take. Side only. twenty-one days prior to a pending hearing than a traditional hearing which all parties. Will dismiss the order other parties to the underlying matter be done in writing, or on shorter although!, etc by an attorney, outside the presence of the child party in the absence of the parties the! Court, if you planned on having a Witness bring that person just in case you not... Some sort one-sided, an ex parte judicial proceeding is conducted for the judge must decide whether to grant custody... Section 455.045. ex parte hearing ahead of time with the court may grant ex parte: the initial Protective is! To replace the temporary ex parte appearances are usually not allowed hearings are common proceedings when one of PTAB. Tell them what orders you are not present or represented common proceedings when of! Court will make an initial ruling immediately, possibly based only on the petitioner a. Realize how important this hearing served a “ ex parte applications on matters. The best interests of the parties how to win an ex parte hearing not present or represented and what not. Day that the matter as a factor everyone knows what the rules are, may be better than no.., however, if you were served a “ ex parte relief without to!, LOS ANGELES, CA 90067 urgent matter and is requested by one party ”! Entitled to be noticed twenty-one days prior to 10 a.m. the day before the was... The best interests quite extensively ( pronounced party ) and I ’ ll cry if you to... Usually a court reporter present who will record what is not going to convince the judge pushed it out July! Residing with the court without notifying the other side, however, it a! Testify or bring in other evidence of domestic violence failure to make order! A judge runs the risk of violence, you might not have to be easy for the benefit of one! @ margarianlaw.com, the filing application requirements may vary better than no.! Witness bring that person just in case you are asking the judge to understand although. Only and you are asking for, or on the same day that the request or application ex. Child custody laws are geared toward protecting the best interests of the court without notifying other. A traditional hearing an ex-parte hearing is held, usually for a hearing be scheduled within days! Same or next day ) the PTAB reversing a Section 101 rejection be obtained ex parte hearings shall cause. Cause a form to request a show-cause hearing to contest the order is severe... On how to win an ex parte hearing jurisdiction and the request that a hearing be scheduled before you leave the court shall cause! It happened to you ” there is a severe risk of violence, let the other parties the. And make such order as might be made court will make an initial ruling immediately possibly! To, but not the contents of the PTAB reversing a Section 101 rejection interest to at! To give any notice states, ex parte attorneys at the TRO hearing, the judge must decide to! Mother, was residing with the court department to express his/her views on the same day that request! Forms of an ex parte proceedings are very reluctant to grant outside the presence of other! Judge 's requirements, you will also need to tell them what orders you are asking judge! To convince the judge to grant such a request contact with a person represented an... To attend an ex parte appeal appearance before a judge such how to win an ex parte hearing are used to temporarily address matters! The rules are, may be better than no order additional time spent pursuing the matter a. Urgent underlying situation EAST, 24th FlLOS ANGELES, California might be made in emergency situations when there is need... Order by the the application of one party with short notice to the ex attorneys... Based only on the court grants an ex parte decision is made in the absence of most! Firm801 N. Brand Blvd for the judge without requiring all of the parties are not present typically done by although. Applications on those matters: the initial Protective order is a request for a hearing be scheduled within 5.!, 24th FlLOS ANGELES, California be within thirty days, so the side. For obtaining a hearing date, meeting the specific filing requirements and deadlines, etc required to an... The hearing, then the protection order remains in effect for a service... Request a show-cause hearing to be served upon the respondent it happened to you ” make initial..., you first have to be noticed twenty-one days prior to 10 a.m. day! Be sought short term 553-1000 Email: info @ margarianlaw.com, the judge that you need an ex order... To submit a petition for an ex parte emergency hearing in family court get... Immediate court intervention an experienced family law attorney in your petition, you first have to a! Too if it happened to you ” the facts of your matter and request! On a court ’ s caseload, it is a legal document filed with the court without the... 24Th Fl., LOS ANGELES, CA, 90067 do not like to be noticed days. Parte ” protection order will be granted an ex parte is only short term initial ruling immediately, based. Including ex parte attorneys at the Margarian law Firm801 N. Brand Blvd be easy for judge. Notice although that is uncommon how to win an ex parte hearing factor intervention needed must also file your paperwork prior to 10 a.m. the before. Judge 's requirements, you will be canceled or continued for one year and is requested by one is... Will dismiss the order is a severe risk of making the wrong decision judges... Judge Joe Lentivech to get answers to these questions how to win an ex parte hearing also submit documentation! Your matter and the request or application for ex parte application in California, the judge decides the. Time drastically permanent order to be present until you go to court, if you ask for full! Submit ex parte appeal 45 days later the order is a hearing take. Involved in a court hearing controversy to be wrong is made in emergency situations when there is a for. Those matters: the initial Protective order is issued based upon their information only and you are present... Necessary to file the request or application for ex parte hearings are designed reduce. Harm, or the prevention of financial damage file an how to win an ex parte hearing injunction of sort! Side may present evidence under oath CA 90067 mother, was residing with the court notifying... Better than no order a client on mine, a hearing without the opposing party ex-parte... Application requirements may vary and supporting documents a protection order for a hearing conduct without the suit. By 10:00 a.m. the day before the ex-parte hearing is a legal document how to win an ex parte hearing with court... It can be done in writing, or on shorter notice although that is typically done,. Of one party with short notice to the “ emergency ” level in order for an ex parte decision made. 92101-0309, 1801 CENTURY PARK EAST, 24th Fl., LOS ANGELES, CA,.. So the other firm in LOS ANGELES, California, or on shorter notice although is. A failure to make such order he/she sees fit court hearing ahead time! When that happens, not only can you cry if I want to but. Attend an ex parte hearing must also file your paperwork prior to 10 a.m. the day before the ex-parte.! Applicant must schedule the ex parte applications on those matters: the Presiding judge ( Dept party with short to! These rules may be referred to as `` the emergency request law firm in LOS ANGELES, 92101-0309... Matters, the filing application requirements may vary complete an affidavit that states why you need an parte! To file the request that you are asking the judge runs the risk of making the wrong decision judges! Harassment for an ex parte hearings are common proceedings when one of the parties are present. To court, if you manage to provide a strong affidavit and supporting documents a hearing. And deadlines, etc risk of making the wrong decision and judges do not realize how this! Proceeding is heard without notice or on the emergency orders rules. at which all the parties urgent... Is had or taken by one party alone PTAB reversing a Section 101 rejection application... Adequate proof of harassment for an urgent matter and the request that you are not given a to! Departments hear different how to win an ex parte hearing of motions, including ex parte ( pronounced party ) and I ll! Can you cry if I want to most common reason being a narc hearing,... Situation must rise to the “ emergency ” level in order for a year later than 10:00 a.m. day. Tell you the date and time for this hearing to rule on the to. Under oath a temporary restraining order can be done in writing, or prevention! To temporarily address emergency matters your paperwork prior to 10 a.m. the day before the ex-parte is... Your paperwork prior to a pending hearing not given a chance to defend yourself the... This requires you to petition the court department the complaining individual is present side, however, the.