After a divorce, child custody issue, or other family law issue, the court will create orders that must be followed by all parties involved. However, there may be a situation in which you need a judge to make a decision on an emergency order due to possible harm to yourself or your child.
An emergency (ex parte) order is a temporary court order that a judge can issue quickly in a family law case when there is an urgent situation that cannot wait for a regular hearing. The phrase “ex parte” means one party is asking for immediate relief without the other party being present at the time the judge first considers the request because waiting would cause harm or irreparable consequences.
These emergency orders are not permanent; they remain in effect only until a scheduled hearing, at which point a judge will decide whether they should continue or be modified. To request an emergency order, you must:
- Be part of a family law case, such as divorce, domestic violence, custody, support, or parentage, or
- Start a family law case to file the request, if none is already open. The court uses your existing case number if you already have a case. If you do not have an existing case, you must initiate one before or at the same time you file for an emergency order.
What Qualifies as an Emergency?
An inconvenience or preference does not qualify for an emergency court order. There must be an actual emergency that warrants immediate judicial intervention. In general, this means:
- Immediate danger or irreparable harm to a person (often you or your child),
- Imminent risk that a child will be taken out of California without agreement or court order,
- Immediate risk of loss or damage to property connected to the case.
Examples of qualifying emergencies in family cases can include situations like credible threats of child abduction, immediate risk of harm due to abuse or domestic violence, or circumstances where waiting would cause serious harm to a person’s health or safety.
If the harm is immediate and ongoing, such as a recent pattern of abuse or threat to take a child away, the court may find that an emergency order is necessary.
How to Ask for the Order
The process involves filing specific forms and providing factual support:
- Fill out the required forms:
- Request for Order (Form FL-300). This is your formal request to the court. You must check the box indicating you are asking for temporary emergency orders.
- Temporary Emergency Order (Form FL-305). This form specifies the exact relief you want the judge to grant immediately.
- Attachment to Judicial Council Form (Form MC-025). Optional, but useful if you need extra space to fully explain your situation.
- Declaration under UCCJEA (Form FL-105). Required if your request affects custody or visitation so the court knows where the child has been living.
- Describe the emergency in your “Facts to Support.” On Form FL-300, you must include specific facts and not just opinions, why the situation is urgent, and what harm will occur if the order is not granted quickly. If your request changes the current custody or visitation situation, you must explain the current context and how your request alters it.
- Attach documents and evidence. Supporting documents, such as police reports, medical records, and witness statements, can help the judge understand and verify the emergency. All private information (like Social Security numbers) should be redacted.
- Provide notice and serve the other side. Generally, you must notify the other party that you are asking for emergency orders and then have them served with the filed documents. This typically must be done by another adult, not you. In exceptional circumstances, the judge might waive notice, but you still need to have copies served as soon as possible.
- Submit your forms to the court clerk. You will typically file the original and two copies. There is usually a $60 filing fee, and additional filing fees may apply, depending on your case.
What Happens Next?
Once your paperwork is filed with the court clerk, the process moves very quickly compared to a standard family law motion. Courts treat these requests as time-sensitive, but that does not guarantee approval. The judge’s role at this stage is to decide whether the situation truly qualifies as an emergency that justifies immediate, temporary orders.
After filing, a judge will review your paperwork by the next court day. In most cases, the judge makes an initial decision based solely on the written declarations and evidence, not live testimony. This means the clarity and specificity of your written explanation are critical. Judges look for concrete facts showing immediate harm, danger, or irreparable loss.
Some courts conduct a brief ex parte hearing, either in person, by phone, or by video, where the judge may ask limited questions.
There are several possible outcomes after the judge reviews your request:
- Emergency orders are granted in full. The judge signs the emergency order exactly as requested.
- Emergency orders are granted in part. The judge may grant some requests (for example, temporary custody restrictions) but deny others (such as financial relief).
- Emergency orders are denied. If the judge decides the situation does not meet the legal standard for an emergency, no immediate orders are issued.
If emergency orders are granted, they are short-term but legally binding. Violating them can lead to serious consequences, including contempt of court, fines, or criminal charges.
Contact Us Today
When your children are in danger, you need all the help you can get. An emergency family court petition can offer legal protection for your family.
A Newport Beach family law attorney from The Bledsoe Firm is ready to assist you with your family law issues. We have more than 30 years of experience protecting families throughout California. Schedule a consultation today by filling out the online form or calling (949) 749-3617.
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