December 1, 2022
If you are facing an emergency situation and need immediate relief from the court, you may file an Ex Parte Emergency Relief motion. This motion is typically used in cases where there is a risk of irreparable harm if the relief is not granted.
For example, suppose you are a victim of domestic violence, and then your abuser has violated a protective order. In that case, you may file an Ex Parte Emergency Relief motion to ask the court to issue a new protective order.
If you are granted Ex Parte Emergency Relief, the court will issue an order without hearing from the other party. This order will be in effect until a hearing can be held, at which point the court will ultimately determine whether to make the order permanent.
If you need immediate relief from the court due to an emergency, you should speak to an attorney to discuss whether filing an Ex Parte Emergency Relief motion is right for you.
Read on to find out more about Ex Parte Emergency Relief:
Procedure to Follow If There’s a Motion for Regular Temporary Relief in Florida
If you’re currently dealing with a family law case in Florida and there is a motion for regular temporary relief, specific procedures have to be followed. First, you must file a notice of the motion with the clerk of the court. This notice must be served to the other party at least five days before the hearing of the motion. The notice must state the time and date, as well as the place of the hearing, as well as a short and concise description of the relief that is being requested.
At the hearing, both parties can present evidence and argument in support of their respective positions. The court will then decide on the motion. If the motion is granted by the court, it will issue an order granting the requested relief. This order will be effective for a period specified by the court, typically six months.
If you are presently involved in a family law case in Florida, and there is a motion for regular temporary relief, it is crucial to familiarize yourself with the procedures. By following these procedures, you can ensure that you are protected and that you have the best chance of prevailing on your motion.
Issues Commonly Raised in a Motion For Temporary Relief Florida Hearing
When you file for divorce in the state of Florida, you may also file a motion for temporary relief. This motion is called a “temporary injunction” or a “pendente lite motion.” A motion for temporary relief requests the court to make temporary orders about specific issues in your divorce case.
The court can make temporary orders about:
Need for Spousal Support:
A temporary spousal support order, for instance, may be issued by the court during a divorce proceeding based on the needs and ability to pay of both spouses. This type of support may even be ordered in short-term marriages. In many cases, the amount of temporary spousal support ordered by the court is similar to what may be ordered at the final hearing.
Need for Child Support
Even though a divorce is not yet finalized, the needs of any children involved do not stop. The court will look at the incomes of both parties and how much time each party is spending with the child or children to determine a temporary child support amount to be paid during the proceedings. This amount may change if the time-sharing schedule changes in the future.
Exclusive Use and Possession of the Home
If you are going through a divorce, both you and your spouse are likely entitled to equal use of the home. However, this might not be the best situation for either of you. If this is indeed the case, you can ask the court to award you temporary exclusive use and possession of the home, so the other person cannot come and go as they please.
Conclusion
Ex parte emergency relief is a legal process where one party can request emergency relief from the court without notice to the other party. This type of relief is typically used in situations where immediate and irreparable harm will occur if the relief is not granted. Ex parte emergency relief can be granted for a variety of reasons, including domestic violence, child custody, and restraining orders.
Dorsey Law JAX is a trusted law firm in Jacksonville with seasoned attorneys specializing in family law, as well as personal injury and criminal law. Schedule a meeting with our lawyers today to discuss your case!
