We frequently receive telephone calls demanding immediate assistance. True emergencies are rare in family law, but they do occur. Typical emergencies involve child stealing, domestic violence, and concealment, sale, or destruction of property. There are many more matters that require prompt attention, even if not technically an emergency.
Where a party has moved a child to a new residence, or threatens to do so, it can be necessary to get into court very quickly. Without prompt action, the court might infer that you consented to a move.
If there is a conflict, then it should be resolved as soon as possible. Justice delayed is sometimes viewed as justice denied. The right to justice is fundamental to the American way of life. Delays are mostly caused by court congestion. It is important to save precious court resources for cases needing judicial attention. Hence it is necessary to evaluate all available options before going to court. If all cases had to be decided by a Judge, then the truly needy cases would never be heard.
Problems that really do require an urgent solution can usually be presented in court within one business day after filing papers. Generally, emergency orders are limited to those necessary to keep the peach and maintain the present living conditions, until a further hearing can occur.
Most emergency orders expire within several days. The other party will receive notice of the emergency order, and will have an opportunity to respond or seek an attorneys assistance before an emergency order will be extended.
Matters with less urgency, but which cannot wait until completion of the case, can be set for a hearing within several weeks after papers are filed in court. The other parties then have a full opportunity to respond in writing. Temporary support questions are ordinarily handled at this level, though the time for hearing may sometimes be shortened if a crisis exists.
Some courts think that it is technically impossible to have an emergency that relates to money. We disagree, and have seen several situations where immediate orders are necessary to resolve a monetary conflict.
Many issues that surround a marital termination should be considered thoughtfully, and pondered over the course of time, before making final decisions. But often, the existence of an emergency comes only after much time has passed, avoiding a decision. We are pleased to consult and advise until a decision to proceed has been made.
