Orders of Protection / Emergency Orders

There are circumstances when immediate family court action is needed. This may involve the need to obtain an Order of Protection due to domestic violence or threats of harm to a party or a child. An Order of Protection can be obtained immediately if the court finds there was an act of violence or a threat of violence.

Such orders can grant a party exclusive use of a residence, protect a spouse’s workplace, and even address family pets.

The Order is served upon the defendant by a law enforcement agency. The defendant is entitled to request a hearing on the Order to present their evidence as to why the Order should be dismissed or modified. The hearings will generally take place within ten (10) days of a formal request. Orders of Protection are available in city courts, justice courts, or superior courts.

When urgent action is necessary, the family court can enter additional emergency orders. A petition specifically identifying the emergency must be filed with the assigned judge in the family court matter along with a proposed order as to how to address the emergency. The court can grant an emergency order only if it finds that immediate, irreparable harm will otherwise occur. Examples include drug abuse by a parent, sexual abuse, mental health event, arrest for criminal behavior. or investigation by the Department of Child Safety (DCS – formerly known as CPS). Once an emergency order is granted, the court will set a hearing quickly to determine whether the emergency order should remain in place, be modified or be dismissed.

Emergency requests must also be accompanied by a request to modify the current court orders on a more long-term basis if there are already orders in place.

Emergency Orders are rare but are a quick remedy in the event of a major event.