Unfortunately, there are some family matters that require an emergency hearing before a judge. Court dockets are overly crowded and on average, it may take 30 days or longer to get a hearing before a judge even though you need one immediately.
An emergency hearing can be obtained if your family is in a situation that presents immediate danger.
One example would be if the father of your child has primary custody of your young child and is also the owner of a vicious dog. You know this dog is vicious because this same dog has bitten another person and that bite was so severe that stitches were required.
You have tried, but your ex-husband will not listen to your demands to remove the dog from his home and you fear that your young child is in harm’s way. This is an exigent circumstance and an emergency hearing would be needed so that you can protect your child.
Another example of an “emergency room” case would be the unfortunate circumstance of the other custodial parent drinking alcohol to excess or taking legal/illegal drugs while your young child is in that parent’s custody. There have even been situations when the parent caring for the child has refused to give the child his or her prescribed medication.
Other emergency situations arising that meet the burden of having an immediate hearing with a judge may involve blocking the depletion of marital assets by your spouse during the pendency of your divorce. Especially is these assets are to be used for the daily and monthly expenses for you and your children.
If you believe that you have an emergency situation, requiring an emergency hearing, please contact our family law partners at Bivek Brubaker & Prescott so that we can help you and your children avert any harm, physical or monetary.