When You Should File Ex Parte and Requests for Emergency Relief
Feb. 25, 2019
As a parent, your child’s safety and wellbeing is your top priority. Whenever you find that those two things are at risk, it’s only natural to want to go above and beyond to protect your child. If you do not have custody, it can be hard to protect him or her. In Maryland and Baltimore County, one of the best ways to take immediate action is by filing a request for emergency relief.
When Are Requests for Emergency Relief Granted?
A number of circumstances can occur that make an ex parte or emergency custody order appropriate. These special orders are specifically designed to protect minors who have experienced or been threatened with abandonment or harm, so it is not appropriate to complete the time-consuming process of obtaining traditional custody. Some of the situations that make requests for emergency relief appropriate include:
Allegations or threats of sexual or physical abuse
Allegations of substance abuse that jeopardized child safety
Lack of proper accommodations that allow the minor to attend school, eat, sleep or study
Change in home livability
A parent taking or planning to take another child out of state without permission
You must demonstrate that there is an imminent risk of substantial and immediate harm to a child or party to be granted an order in Maryland.
Requesting Emergency Relief
Before granting a request for emergency relief, the court will need to complete a full hearing where both parties have the opportunity to get heard. When you are filing this request, it is important to work with an experienced lawyer and provide specific, detailed examples of abuse or threats of abuse. Evidence can include:
Police reports or arrest records
Prior convictions of the parent that are relevant
Child Protective Services records
Medical or dental records
Psychological records, if the child has been evaluated
Decisions from previous protection order hearings
The documents that you bring to court are essential to winning the case. If you cannot substantiate your allegations, the court will be unable to grant it. It is not easy to have these orders approved without the guidance and skill of a lawyer.
It’s important to note that emergency relief and expedited relief are two separate categories when filing. If the case does not meet the standards for emergency relief, but there has been an inability to provide medical care, a financial hardship or an unreasonable deprivation of visitation, you can potentially file for expedited relief.
What Is the Likelihood of Success or Denial?
These requests are rarely granted in Baltimore County, which is why the right lawyer is so essential to your case. If you cannot articulate exactly why the urgency exists and why the other party is unfit, the Court will not hear your case or grant your request.
For Your Family Issues Law Issues call Lebovitz Law
If you received a complaint or Order of Default, you need an experienced lawyer on your side. To learn more about how we can assist you, please contact us today.