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Ed Shaw Law No Nonsense Legal Advice

Local Solutions For Local Problems

What is an emergency?

by | Jan 2, 2024 | General Law |

What the court system sees as an emergency and what my clients see as an emergency are very often two different things. Issues with the other side not paying bills, not cooperating with parenting time schedules, not doing what they are supposed to do is very concerning but is not usually viewed as an emergency by the court.

For normal issues we can ask the court to help, but we have to file a formal motion and notify the other side at least 21 days before the hearing. Getting into court usually takes more than 21 days as we have to find an opening in the court schedule for our hearing.

Emergency requests for court action do not require a hearing, or 21 days advance notice, they can be done with no advance notice but, we have to show that someone will be harmed if we wait for a formal hearing. If we can show that children are in danger, i.e., that a parent is exposing them to danger or is unable to parent, we have an argument. This often comes up when a parent is in jail or is in serious legal trouble and we can show that to the court. Police and court records work well in these situations as they can back up what my clients are saying about the other party. For some issues we have to show serious harm if we wait for a hearing, such as a house on the verge of foreclosure or a car about that is about to be repossessed; these are good examples of financial emergencies where, I have gotten a judge to take action without a formal hearing.

If your kids are in danger due to the actions of the other parent, or the other side in a divorce is doing something that will cost you your house we have a good argument for getting an emergency order from the court.



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