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When You Should File An Emergency Court Order in Florida

Board Certified Boca Raton Divorce Attorney

Anyone that has been through a divorce knows that life can change at any moment. A family arrangement that may seem secure can turn hostile. When these threatening moments occur, you need to act and you need to act fast. It’s important to speak with a family law lawyer in Boca Raton in a case of an emergency. You could be facing a situation that calls for you to file an emergency court order in Florida. In this article, we explain the different reasons why you might need to file an emergency court order, why this petition might be dismissed, and how a family law lawyer in Boca Raton can help you.

What is an Emergency Court Order? 

In the Florida Family Courts, there’s emergency court orders or emergency motions available to those who might demand immediate legal action in a crisis. These emergency court orders often involve families, children, or money in cases of a divorce. 

File an Emergency Court Order in Florida: Child Custody Issues 

It’s no surprise that issues involving children are the most common reasons why someone would file an emergency court order. Protecting a child from a dangerous or vulnerable situation is always a top priority of the Florida Family Courts. Parents or caregivers might seek out an emergency court order for a variety of reasons. Here are a few different examples of why someone would file an emergency court order for the immediate protection of a child: 

  • There’s a strong suspicion of physical, sexual, or emotional abuse 
  • Witnessed threats to the child made by a parent or guardian 
  • Neglect or abandonment 
  • Suspicions of a parent or guardian using illegal substances in the home
  • Threats of kidnapping 
  • Primary caregiver suddenly becomes incapacitated 
  • A child isn’t returned after a visitation 
  • A parent is threatening to take a child out of the country or state without the other parent’s permission

It’s imperative to contact a family law lawyer in Boca Raton in if you feel your family or your children are in danger. If the above circumstances sound familiar, you must act as soon as possible. 

File an Emergency Court Order in Florida: Domestic Violence 

Divorce is emotional and stressful. Sometimes these intense emotions can lead someone to act out violently. It’s absolutely necessary to file an emergency court order in Florida if you or your children are in danger in your own home. If there is abuse in a household, a judge will issue an emergency protective order to keep you safe. These domestic violence circumstances will sometimes differ from the issues stated above simply because there are specific protocols for domestic violence. Speak with a Family Law lawyer in Boca Raton immediately if you’re in danger due to domestic violence or mental/emotional abuse. 

File an Emergency Court Order in Florida: Child or Spousal Support Issues 

Financial issues can be stressful and frustrating for a single parent. While they don’t always fall into a classification of an emergency situation, sometimes they do. Parents that solely rely on spousal support can easily find themselves in a crisis if the payments suddenly stop. It’s these circumstances that demand an emergency court order. Not necessarily because you or your children are in danger, but simply because you need urgent legal action. A financial crisis does qualify as a reason why you might file an emergency court ordering Florida. Here are some examples: 

  • Your child suffers from a medical condition and you need financial support for treatments.
  • You’re at risk of losing a home due to late rent or mortgage payments.
  • Your electricity or utilities have been shut off. 
  • You can’t afford food, clothing, or shelter for your child. 

Reasons an Emergency Court Order Might be Dismissed 

It’s important to remember that emergency court orders are not always immediately granted. A judge will want to review your documents and evidence and offer an urgent but sound decision. Mainly, a judge will be looking for immediate danger or harm to a family or child. If you’re having a hard time proving that your situation demands urgent action, it’s important to speak with a Family Law lawyer in Boca Raton. If you can’t prove that your circumstances demand immediate legal action, your emergency court order could be dismissed. 

How a Family Law Lawyer in Boca Raton Can Help

When emergencies happen, you want to act quickly but with caution. You want to make sure you’re following the proper procedures and providing the right evidence. A family law lawyer is the only person that can assure you that you’re responding in the most efficient legal way. Safety concerns for your children and your financial protection should always be taken seriously. A Family Law lawyer in Boca Raton can help legally protect you in these circumstances. Contact an experienced family law lawyer today for more information on emergency court orders or other child custody issues.