An ex-parte motion is a request made to the court by one party without prior notice to the other party. In Connecticut Family Court, these motions are used in urgent situations where immediate judicial relief is needed to protect a person, child, or property. The term 'ex-parte' is Latin for 'from one side only.' Because due process normally requires both parties to be heard, ex-parte relief is reserved for genuine emergencies.

You may file an ex-parte motion when you can demonstrate an immediate and irreparable harm that cannot wait for the standard notice and hearing process. Common situations include: risk of imminent domestic violence or abuse, a parent about to remove a child from Connecticut without consent, risk of harm to a child, or the dissipation or hiding of marital assets. Connecticut courts require a sworn affidavit establishing the emergency basis for the request.

Connecticut Family Court may grant several types of emergency ex-parte relief, including: Emergency Restraining Orders (EROs) protecting a party from abuse or threats; Emergency Custody Orders granting temporary custody of minor children; Automatic Court Orders (ACOs) preventing the dissipation of marital assets; Emergency visitation modifications; Orders preventing a parent from relocating a child out of state; and orders freezing financial accounts when there is risk of asset dissipation.

To file an ex-parte motion in Connecticut Family Court, you must:

(1) Go to the Superior Court in the judicial district where your family case is pending or where you reside;

(2) Complete the required JDP-FM forms available at the courthouse or online at the CT Judicial Branch website;

(3) Submit a sworn affidavit describing the emergency in detail;

(4) File the motion with the Clerk's Office;

(5) A judge will review your documents and may grant the relief the same day.

You do not need to notify the other party before filing.

You are not required to have an attorney to file an ex-parte motion in Connecticut. The court will accept self-represented (pro se) filings.

However, having an attorney is strongly recommended, particularly in custody or domestic violence situations, as the paperwork must be precise and the affidavit must clearly establish the legal standard for emergency relief.

Errors in the filing can result in denial.

Legal Aid and other resources may assist those who cannot afford an attorney.

Once an ex-parte order is granted, the court will schedule a hearing—typically within 14 days in Connecticut—at which both parties may be present and heard.

The opposing party must be served with the ex-parte order and notice of the hearing date.

At that hearing, the judge will determine whether to extend, modify, or vacate the temporary ex-parte order. The order remains in effect until the hearing unless the court orders otherwise.

Yes. The opposing party has the right to be heard at the scheduled return hearing. They may file a written response or objection, present evidence, call witnesses, and make legal arguments as to why the order should not continue.

The burden then shifts: the party who obtained the ex-parte order must show there is continued justification for the relief.

The judge may maintain, modify, or dissolve the order at that hearing based on the evidence presented by both sides.

An ex-parte order in Connecticut is temporary by nature. It remains in force from the date it is granted until the return hearing, which must be scheduled within 14 days. At the hearing, the court will decide whether to continue the order, and if so, for how long. A restraining order that follows an ERO may last up to one year initially, with the possibility of renewal. Other types of temporary ex-parte orders may continue as part of a pending divorce or custody case until a final order is entered.

To obtain ex-parte relief in Connecticut Family Court, you must demonstrate:

(1) An immediate and irreparable harm that will occur before a noticed hearing can be held;

(2) A likelihood of success on the merits of the underlying claim;

(3) That the balance of hardships tips in your favor; and

(4) That the public interest, if relevant, is served. This must be established through a detailed sworn affidavit. Vague or conclusory statements are insufficient — specific facts, dates, and incidents must be alleged.

The sworn affidavit is the cornerstone of any ex-parte motion. Because the other party has no opportunity to respond before the order is issued, the court relies entirely on your sworn statement to evaluate the emergency. The affidavit must be signed under penalty of perjury and must include specific, factual details: dates of incidents, descriptions of threats or conduct, names of witnesses if any, and why waiting for a regular hearing would cause immediate harm. Incomplete or exaggerated affidavits can result in denial and may expose the filer to sanctions.

Yes, but only in true emergencies. Connecticut courts are cautious about granting ex-parte custody orders because removing a child from one parent without notice is a drastic remedy. To succeed, you must show specific, credible evidence that the child is in immediate danger of abuse, neglect, or abduction. General allegations of poor parenting or disagreements over custody arrangements are not sufficient. If granted, a full hearing must follow promptly, at which the other parent will have a full opportunity to respond and present evidence.

Filing an ex-parte motion with false or materially misleading information is a serious matter in Connecticut courts. It constitutes perjury under Connecticut General Statutes § 53a-156, a Class D felony. Beyond criminal exposure, the court may: immediately vacate the ex-parte order; impose sanctions against the filing party and/or their attorney; award attorney's fees to the opposing party; and take the false filing into account when making final decisions on custody or other issues. Judges take a dim view of abuse of the ex-parte process, and it can permanently damage your credibility in the case.

Generally, court filings in Connecticut Family Court are part of the public record, but access may be restricted in sensitive cases. Domestic violence-related filings and those involving minor children may have additional privacy protections. Addresses and other identifying information may be redacted to protect victims of domestic violence. The Connecticut e-Services (JDNO) system governs electronic access to court records. If you are concerned about privacy, you should speak with an attorney about what protections may be available in your specific circumstances.

There are several resources available to help you file an ex-parte motion in Connecticut: (1) Connecticut Judicial Branch Self-Help Centers located at many courthouses; (2) Legal Aid Society of Connecticut (LSC) for income-qualified individuals; (3) Connecticut Coalition Against Domestic Violence (CCADV) for domestic violence situations; (4) CT Family Support Centers; (5) The CT Judicial Branch website (jud.ct.gov) offers forms and instructions; (6) Private family law attorneys who may offer consultations; and (7) Law school clinics at UConn and Quinnipiac law schools. In domestic violence emergencies, dial 2-1-1 for immediate referrals.