Emergency Relief | Family Law Attorney Tampa & Brandon Florida

Understanding a Motion Seeking Emergency Relief

For the courts to identify an emergency in a motion, it must encompass:

• The motion seeking Ex-Parte relief to enable the Judge to make a decision without the other party's knowledge.
• Presentation of facts in the motion demonstrating immediate, irreparable injury, loss, or damage if the other party opposes the motion.
• An explanation in the motion of why giving notice to the other party could lead to actions causing the need for emergency relief.
• Verification by the party filing the motion, signed and notarized before submission to the Court.

Defining Emergency Situations

While the perception of an emergency may vary among judges, certain situations may constitute an emergency in the eyes of the Court:

• When one parent relocates a child to prevent access by the other parent.
• If the children are in immediate danger staying in their current location.
• Impending actions affecting assets subject to Equitable Distribution.

Timing for a Hearing on Granted Emergency Motions

There's no fixed time for setting a hearing post-approval of an Emergency Motion, usually within a week. A non-granted Emergency Motion considered crucial for an Expedited Hearing might be scheduled within about two weeks of the Court's decision.

Consequences of Denied Emergency Relief

Filing a denied Emergency Motion may not directly affect your case. However, repeated filings without actual emergencies may lead to court-imposed sanctions.

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