When can a temporary ex parte order be issued according to CCP 7B.002?

A temporary ex parte order can be issued when there is evidence of clear and present danger to the applicant. This provision is critical because it addresses situations that require immediate relief without waiting for both parties to be present or for a full hearing. In cases where delay could worsen the harm or risk to the person seeking protection, such as in instances of domestic violence or harassment, the law allows for prompt action to ensure safety.

The rationale behind this rule is that the nature of a clear and present danger necessitates swift intervention to protect the individual at risk. A temporary ex parte order provides a crucial legal mechanism to help prevent potential harm before a full hearing can be scheduled, where both parties can present their case.

In contrast, situations that rely on consent from the defendant or agreement from both parties lack the immediacy needed for such orders, as they typically involve a consensual decision-making process rather than a response to urgent threats. Additionally, requiring a full hearing before issuing such an order would undermine its purpose of providing rapid safety measures in situations where time is of the essence.