Get FL 12.941(d) 2009

Emergency Motion Law and Legal Definition. Emergency motion is a motion that is presented in court without the normal requisite five business days notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm.

Bring an urgent motion without notice. ... An urgent motion without notice is sometimes called an emergency motion or an ex parte motion. This means you don't have to serve your documents on your partner before the judge hears your motion and makes a decision.

Process of Emergency Hearings In emergency hearings regarding custody or visitation, a judge hears preliminary evidence and only addresses the emergency issues. ... He or she may issue a temporary order that provides custody to one parent based on the circumstances surrounding the emergency.

Emergency Protection Orders In some states, the police can give the victim an Emergency Protection Order (EPO), which is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence.

Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is on where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge.

Immediate harm often means recent or habitual domestic violence or sexual abuse. Immediate harm may also be a failure to supervise, as when a parent leaves a young child alone at home while (s)he went to the store. Understand that emergency custody is temporary.

In an emergency custody hearing, a judge hears preliminary evidence and addresses emergency situations only. She may enter a temporary order granting custody to one parent based on the facts of the emergency.

The court in the county where a child lives typically has local jurisdiction in most emergency custody matters. If your child is in danger from the other parent, you can go to your county courthouse and request emergency temporary custody.

Sometimes a financial emergency requires a person to file an emergency bankruptcy filing. An emergency bankruptcy filing is also called a bare bones or skeleton bankruptcy filing. By bare bones, we mean that you only file the bankruptcy documents necessary to get a case number.

An emergency pick-up order is an order signed by the Court that directs the sheriff or other law enforcement officer to take a child from the person who has physical possession of your child and deliver the child to your custody.

A pick up order is, effectively, an arrest warrant. It is a Court Order which was duly issued by a Judge directing that law enforcement seize an individual such that s/he may be brought before the Court...

Call your local family court clerk and ask for the address of the court that handles emergency custody requests as well as any other methods for filing your petition. Once the court has received your petition, you will receive a date for a court hearing. Attend your court hearing with all the appropriate documentation.

What is an emergency custody (temporary) order? An emergency custody order would put an order in place immediately without providing notice to the other party. The most common types of emergency orders deal with minor children.

A court order that mandates or prohibits conduct is typically executable through the police. For example, orders to arrest, seize property, or for injunctions, depend on law enforcement agencies to be effective.

When a parent violates a court-ordered or agreed upon parenting plan, they run the risk of being held in contempt of court. Not only that, but they could face custody and visitation-related consequences if the court considers it to be a serious and consistent enough issue.