What Is An Emergency Family Court Motion In Florida?

Generally speaking, the courts move slowly and in their own time. Some situations, however, require immediate attention. Filing an emergency motion in Tampa helps address urgent matters such as parental rights over children, domestic violence, and disputes over assets. The Tampa, FL, family law attorneys at Faulkner Law Group, PLLC, help clients who need to file emergency motions with the court. In this article, our attorneys will discuss when you should consider filing an emergency motion and what to expect during the process.

When to file an emergency motion in Tampa, FL 

Under our state’s rules, an emergency motion is a request made of the court to address a situation that requires immediate attention. Such orders are often necessary when it comes to divorce, time-sharing, and other family matters.

Emergency motions are usually used for urgent matters that cannot wait for the hearing schedule. Some situations that may require your attorney to file an emergency motion include:

• Domestic violence – When there is an immediate threat to someone in your household, you can request an Injunction for Protection Against Domestic Violence to ensure the victim’s safety.

• Caring for children – If you’re concerned that your co-parent is placing your child at risk or failing to follow court orders, you can file an emergency motion to request changes to their parenting rights.

• Temporary support orders – During your divorce proceedings, you can request an emergency order for either spousal support (alimony) or child support.

• Property disputes – If your spouse is hiding or depleting assets from the marital estate, you can request an emergency order that requires an immediate resolution. This can be addressed through a temporary emergency order.

Not every family law situation will qualify as an emergency. The court will only grant emergency motions for those situations where there is a clear or immediate threat of harm to any member of the family.

What should I expect when filing an emergency order in Tampa? 

Filing an emergency order through the courts is a formal legal procedure. This is what you should know before the motion is filed:

• Preparing the motion – The motion must clearly state the facts of the case and the reason why it’s an emergency. The motion must also include the relief you are requesting.

• Gathering evidence – You will need to provide evidence that supports your request. This can include police reports, medical records, or witness testimony.

• Filing the motion – Your motion has to be filed with the court, and a Notice of Hearing must be served on the other party.

• Requesting an emergency hearing – In a real emergency, the court could schedule a hearing within a few days (or even hours in certain cases).

• Attending the hearing – The court will review your motion plus the evidence you provided. You will have an opportunity to argue your case. The judge will make a final ruling.

Talk to a Tampa, FL, Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who are pursuing a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your concerns right away.