It is said that the wheels of justice turn slowly. Thankfully, if you have an emergency involving your family, California law gives you the right to a hearing with very short notice. An ex parte hearing gives people with serious emergencies to be heard by the court within a brief time frame.
Emergency Ex Parte Hearing Attorneys in San Diego
At The Law Offices of Daniel J. Martin, if you need immediate judicial relief, time is of the essence. We will quickly prepare the appropriate petitions, request a hearing with the court and notify the appropriate parties.
It Must Be an Emergency
Before you call our office, understand that some situations are emergencies and other situations, while very important to you, will not be considered emergencies by the court. In order to grant an ex parte application, the court must find that (1) there is an emergency and (2) that unless the court grants the order, irreparable harm will be done. Obviously if there is the potential for physical danger to your children, that constitutes an emergency. If you have information that your spouse is going to move out of the state with the children, that is an emergency. If you have reason to believe that your spouse is going to empty out joint accounts, that is an emergency.
On the other hand, visitation issues, such as when the other parent refuses to allow visitation for a holiday or a birthday, is usually not a cause for an emergency ex parte order. You may well have legal remedies to these violations of your divorce agreement, but a judge is not going to grant you an emergency in an order.
If the court grants a restraining order in an emergency ex parte hearing, the court will then schedule a full hearing in which both parties can present evidence to support their positions. Our attorneys will represent you in both the emergency ex parte hearing and the later hearing to grant permanent relief.
Call The Law Offices of Daniel J. Martin, APLC • 619-717-2072 or Toll Free at
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