EMERGENCY ORDERS IN FAMILY LAW – PROTECTING AND PRESERVING
An emergency order in family law, typically called a “restraining order,” can keep you and your children safe from abuse, neglect or abduction, and protect your assets from being hidden or wasted.
WHY ARE EMERGENCY ORDERS DIFFERENT?
Most of the time, a court can only enter orders after all sides have been notified of the hearing and given an opportunity to appear and present evidence. Quite simply, it’s the essence of “due-process.” Emergency orders are different; they are granted based on the court’s review of sworn statements and without a hearing or advance notice to the offending party. Emergency orders take effect immediately and can be served on a spouse, parent, financial institution, or other interested party.
WHAT IS THE CRITERIA FOR GETTING EMERGENCY ORDERS
To obtain emergency orders, you must show serious, immediate and irreparable harm. In other words, you must convince a court that there is no time to wait and if something isn’t done right now, serious and irreparable harm will occur to either you, your children, or your property.
KEY DOCUMENTS FOR EMERGENCY ORDERS
Because the court is not holding a hearing before issuing emergency orders, it must be satisfied from documents alone that such orders are truly necessary. Most family law emergency orders are signed based upon review of affidavits from the parties or other people close to the situation. Preparing these affidavits requires skill and a clear understanding of what’s important to family court judges; you want to get to the point, and give specific dates and times of each occurrence.
EXAMPLES OF EMERGENCY ORDERS
Here are typical examples of emergency orders issued in family court:
- Denying or restricting parental access to a child;
- Attaching a child and ordering removal from a dangerous home;
- Prohibiting contact between a child and others who may be a danger;
- Withdrawing a child from the school where he or she is enrolled;
- Liquidating retirement or investment accounts;
- Selling or transferring community property.
EMERGENCY ORDERS DON’T LAST FOREVER
If fact, a typical restraining order lasts for only 14 days… basically long enough to schedule a court hearing where all sides have the opportunity to prepare and present evidence. Due-process always comes back into play. Once you have an emergency order, it’s important to prepare in a hurry for the upcoming temporary orders hearing.
WHEN THINGS ARE AT THEIR WORST, WE’RE AT OUR BEST
When trouble is at your door, we’re ready to act quickly. We’ve processed hundreds of emergency orders and know every step in a process that must be carried out without error. From document preparation, evidence gathering and court appearances, we move with precision and speed.
And, because we know some things can’t wait, you can reach us at all hours by instant messaging or call 817.923.9999.