Family Law Attorneys Guiding You Through Emergency Hearings In Riverside And San Bernardino
When your family faces a crisis that can’t wait for standard court procedures, emergency family law hearings can be a vital option. These hearings, often called ex parte hearings, allow you to appear before a judge within days or even hours rather than waiting weeks for a regular court date. These accelerated proceedings address situations where delaying could cause serious harm to you, your kids or your property.
At Cullen Family Law Group, we understand the deep impact of these legal processes on families. That is why our Certified Family Law Specialists work hard to provide strong representation during these critical proceedings. We know that emergency situations don’t always allow time to gather substantial financial resources. Our California family law attorneys will act quickly to evaluate your situation, explain your legal options and guide you through the process.
What Qualifies As An Emergency In Family Court?
Riverside and San Bernardino County Superior Courts are strict about what qualifies as a real emergency. Courts may consider your situation an emergency if it involves:
- Issues regarding child safety: Cases with credible claims of physical abuse, severe neglect or environments that pose immediate danger to children
- Domestic violence: If you or your kids are facing threats or acts of violence, the courts can quickly issue protective orders, adjust temporary custody or even provide residence exclusion orders to keep everyone safe
- Evidence that a parent might flee with a child: If there is strong evidence that a parent will take their child across state lines or internationally, such as suddenly selling off assets, buying one-way tickets or threatening to take the child away permanently
- Financial emergencies: If one party tries to hide, move or use up shared assets before a divorce, courts might step in to freeze accounts, stop property sales or set up temporary support if there’s a financial crisis
Courts may deny emergency hearing requests if there’s no real urgency. They often reject petitions over non-emergency parenting disagreements and unproven claims. They may also turn down requests if proper notice isn’t given to the other party without a good reason, or if the requested ex parte relief is more than what is necessary to address the immediate danger. Our family law attorneys can help you avoid common mistakes that lead to denied emergency petitions.
The Legal Process For Emergency Family Law Hearings
In Riverside and San Bernardino counties, if you need to file for an emergency family law hearing, you will need to:
- Fill out a Request for Order (FL-300), making sure to check the “Temporary Emergency Orders” box
- Complete a Temporary Emergency Order form (FL-305), which outlines the relief you’re asking for, along with a declaration that explains the urgent situation
- Include a Uniform Child Custody Jurisdiction Act (UCCJEA) Declaration (FL-105) for custody issues
- Provide an Income and Expense Declaration (FL-150) if seeking financial support
While emergency hearings bypass the usual notification requirements for standard proceedings, you must still notify the other party. Under California law, you or your attorney needs to inform them or their lawyer by the morning before your court date. This notice should detail what relief you’re requesting, as well as when and where the hearing will take place.
Moreover, you must document your efforts to notify them through a Declaration Regarding Notice (FL-303). If notifying the other party could lead to abuse or child abduction, the court might waive this requirement. However, it’s important to note that cases like these are rare.
Emergency custody hearings are usually scheduled within 24 to 72 hours after you file. This can change based on how busy the court is and the specifics of your emergency. If there’s an immediate threat to children, courts may schedule a hearing within hours. If granted, keep in mind that emergency protective orders are temporary and will only last until a full hearing can be arranged.
Let Our Experienced Attorneys Advocate For You: Call Us Today
Taking steps to ensure your family’s safety and security is a brave act – and you don’t have to face it alone. Our family law attorneys are ready to stand with you at every step of the process. Contact Cullen Family Law Group today by calling 951-715-4632 or by filling out our online form here.