What is needed for a Temporary Ex Parte Order to be granted?

Prepare for the SAPD Code of Criminal Procedure Exam. Use flashcards and multiple choice questions with detailed hints and explanations. Ace your test!

A Temporary Ex Parte Order is a legal remedy typically associated with situations where immediate action is required to prevent harm, especially in cases involving domestic violence or threats to personal safety. For this type of order to be granted, it is crucial to demonstrate a clear and present danger of harm to an individual.

This means that the court needs to see evidence or credible testimony indicating that the person seeking the order is in imminent danger of being harmed. The standard of "clear and present danger" helps ensure that the order is reserved for situations that are urgent and merit immediate legal intervention to protect the parties involved.

While evidence of a financial threat, witness testimony, or a police report might be relevant in certain contexts, they do not alone establish the urgent need for immediate protection that a clear and present danger does. Therefore, focusing on the existence of an imminent threat is essential for granting a Temporary Ex Parte Order.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy