Understanding Family Law Emergencies in California: Part II
In part one of our two-part series, we introduced the concept of family law emergencies in California. Family law emergencies are complex situations that require immediate court intervention in order to safeguard a vulnerable family member, either from one another or from an urgent circumstance (such as sudden job loss resulting in precarious living conditions.)
While the first part of this two-part series introduces the concept of what an urgent family law emergency might be, part two will begin to discuss how to address these family law emergencies. For specific help and legal counsel pertinent to your own unique situation, contact the experienced family law attorneys at Cardwell, Steigerwald Young. We can help to analyze your case and advise on next steps that could be appropriate to you.
Legal Procedures in Urgent Matters
In California, the legal system has developed a system of specific legal procedures that apply in urgent family law matters. The law has developed to ensure that the court does not over-involve itself in non-emergency situations, but enables the courts to take swift and decisive action in response to an actual emergency. California’s legal framework provides a structured path for individuals facing critical family law issues.
The process usually begins with an individual filing their request for an emergency order, or ex-parte application. The application is a formal plea to the court that highlights the immediate, present need for immediate court intervention.
Once the ex-parte application is filed with the court, the court carefully reviews the requests and determines whether the described circumstances meet the threshold for qualifying as an emergency necessitating immediate court action. The court will assess the potential risks to the vulnerable parties and the immediacy of any threat posed. If the court does rule that the matter warrants immediate action, the court will issue temporary, preliminary orders. These preliminary orders are aimed at addressing the immediate, pressing concerns and stabilize the situation until a full hearing can be scheduled.
The full hearing is a critical step in the process. While the court can make initial emergency orders, it is imperative that those emergency orders are temporary. Both sides of the dispute need to have the ability to fully explain the case to the court in detail. This comprehensive examination of the facts and presented evidence will allow the entirety of the circumstances to be considered, and a more permanent solution to be implemented.
The temporary orders remain in place during this period, providing protection and stability in the interim.
Filing Emergency Orders
You will need to follow several critical steps in order to correctly file a request for emergency orders. The general process includes:
- Documents: Gather all of the necessary documentation, which might include additional evidence, such as affidavits, that support your request. The emergency order request is then filed with the court clerk, alongside any required filing fees.
- Notify the Other Party: In most cases, the filing party must inform the other party of their request for the emergency orders, unless the court waives the requirement due to concerns regarding safety.
- Hearing: Prepare to explain your case before a judge, and present your supporting evidence.
Contact Cardwell, Steigerwald Young
When you need legal guidance in the midst of emergency family situations, it can be overwhelming and emotionally taxing. The intricacies of legal proceedings are well known to the experienced San Francisco family law attorneys at Cardwell, Steigerwald Young. Contact our office to begin working with our elite team on next steps in your own unique case.
Sources:
geriatrics.ucsf.edu/sites/geriatrics.ucsf.edu/files/docs/8domesticviolence.pdf
sf.courts.ca.gov/divisions/unified-family-court
