In most divorce and parenting cases, the legal process takes time. Filing a Motion for a parenting schedule or financial support can take anywhere from a couple weeks to a couple months. But sometimes urgent issues arise that cannot wait weeks or months for a hearing. An emergency motion is a request asking the court to act quickly to protect a child or preserve a party’s rights.
Emergency motions are not routine, they’re reserved for situations where immediate action is necessary, and the Court won’t agree to accept an emergency order where no immediate need exists.
When Can You File an Emergency Motion?
A few examples where Courts may grant emergency relief in family law cases may include:
- Domestic violence or abuse
- Serious safety risks to a child
- A parent threatening to flee with the child
- Urgent financial matters, such as preventing the sale or hiding of marital assets
- Violations of existing court orders that create immediate harm
Each county has its own rules, but judges generally require specific facts and supporting evidence before granting emergency relief.
What Can the Court Do in Response?
Depending on the circumstances, the Court may issue:
- Temporary Restraining Orders (TROs) to prevent one party from taking
- Protection Orders, such as a Domestic Violence Protection Order (DVPO), providing immediate safety measures.
These orders are usually temporary until a full hearing can be held, often within a couple of weeks.
What You Need to File an Emergency Motion
If you are considering filing an emergency motion, you’ll often need to prepare:
- A sworn declaration explaining the urgent circumstances
- Supporting documentation, such as police reports, medical records, or text messages
- A proposed order for the judge to review
Because courts are cautious about granting emergency relief, it’s important to present clear, credible evidence.
When an Emergency Motion Isn’t Appropriate
Not every dispute qualifies as an emergency. For example, disagreements about weekend parenting time or routine expenses are not emergencies, even if they feel urgent to you. Filing unnecessarily may harm your credibility with the court.
Work with an Experienced Attorney
If you believe your situation requires immediate legal action, consulting with a family law attorney is the best first step. At Magnuson Lowell, P.S., we help clients evaluate whether an emergency motion is appropriate and prepare strong evidence to support their case.
We offer free telephone case evaluations - 425-800-0572. Contact us right away if you believe your family law matter requires urgent court intervention.
