Rule 43 . Ex parte orders within the family division.

1. Reasonable notice. (a) Except as set forth below, the party requesting an ex parte order shall give reasonable notice to the opposing party, or his or her counsel. (b) Reasonable notice includes the date, time and place the request will be made. (c) Reasonable notice must afford the opposing party 24 hours within which the application may be opposed. 2. Notice exceptions. (a) A party is excused from giving such notice where notice would frustrate the very purpose of the order or cause the party or child to suffer immediate and irreparable injury. (b) Ex parte orders may be obtained without notice in the following circumstances: (1) Where the order mutually restrains the parties from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, whether community or separate, except in the usual course of business or for the necessities of life; (2) Where the order mutually restrains the parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance coverage, including life, health, automobile, and disability coverage; (3) Where the order mutually restrains the parties from cashing, borrowing against, canceling, transferring, disposing of retirement benefits or pension plans for the benefit (or election for benefit) of the parties or their minor child or children; (4) Where a child’s health and safety is in danger; or (5) Where such other circumstances exist as the court may find to warrant the issuance of an order without notice. 3. Automatic hearing. (a) No hearing shall be held on an ex parte order entered under subsections 2(b)(1), (2) and (3) herein above. (b) All other ex parte orders shall be heard within 14 days of their entry. (c) The hearing date shall be stated in the ex parte order. (d) This rule shall not apply to temporary orders for protection against domestic violence.