What should you know about emergency actions?

What should you know about emergency actions?

Family law is slow and deliberate for a reason. Most matters are the end result of negotiation, court dates and state-mandated waiting periods. However, there are times when family law must move quickly for the sake of safety, and that is where emergency actions come in.

Envision Family Law has a long history of providing efficient guidance to people in high-stakes family law matters. We understand our clients’ urgency and know how to pursue an emergency order. Below are our responses to questions our clients have had about emergency orders:

What situations demand emergency orders?

Two situations may require you to seek an emergency order. They are:

• Child custody emergencies: A temporary custody order is necessary if one parent is a clear danger to their child for reasons such as drug use, neglect or abusiveness.
• Physical safety emergencies: When someone faces threats or harassment in the form of stalking, they must take action to protect themselves.

In both situations, time is of the essence and the law responds as quickly as possible.

What are the options for protecting myself from an abuser or stalker?

Abuse and stalking and other forms of harassment require the use of an order of protection. There are four classifications of order, and each has its specific use. The proper order for your situation may depend on exactly what you wish to accomplish.

How long can these orders take to implement?

In an emergency custody order, a hearing must be scheduled with some notice to the court, many requiring 24 hours. In our experience, we have seen restraining orders come into effect within hours.

How long will they last?

Emergency custody orders will last only until the follow-up hearing. Temporary protection orders are good for 14 days. In that time, the court schedules a hearing with the judge, and then a judge will determine if a longer period is necessary. These orders may last for a year or longer.

How can I get an order?

If it is an emergency, we can help you. Your safety matters, and our team of responsive, compassionate attorneys will pursue every available option to secure your safety.