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Emergency Temporary Orders

September 20, 2022 Cindy Best

Emergency temporary orders are short-term court orders obtained quickly when an immediate safety or financial threat requires court intervention before a regular temporary hearing can be scheduled. In Arizona family law, emergency orders can address parenting time, legal decision making, exclusive use of the family home, financial accounts, and protective measures.

They are filed with the court and are decided without your testimony. They are usually decided that same day. Only true emergencies should be filed.

Emergency orders are typically sought ex parte, meaning without prior notice to the other party. Because ex parte relief is an exception to the normal requirement that both sides be heard, the court requires a specific showing of genuine emergency. Vague or exaggerated claims of emergency damage credibility. A real emergency with documented evidence is a different matter entirely.

Emergency orders are temporary by design. They bridge the gap until a full hearing can be held where both parties present their positions. The other party has the right to be heard and emergency orders can be contested, modified, or vacated after that hearing. Getting an emergency order is not the end of the process. It is the beginning of it.

Work with your attorney immediately if you believe an emergency order is needed. Do not try to navigate emergency relief alone. The standard for obtaining it is very legally specific.

 

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