hearings are also known as ex-parte hearings. They are usually held
when there are situations that need immediate court intervention. Few
such situations include when there is an issue of child custody, or someone is about to lose their home because of the other party's actions or inaction, or someone is asking for a restraining order.
Almost always, issues related to money are not considered to be an emergency situation by the Courts.
During an ex-parte hearing, the Court decides whether there is an "urgent" situation present that justifies the request, or whether enough time has lapsed such that the underlying urgent nature of the emergency request is no longer necessary.
Legally, an emergency hearing is held only to determine if there really is an "emergency" that needs the Court's intervention. Theoretically, if you can argue that the underlying urgent nature of the alleged emergency situation is no longer present or is too old, the ex-parte will not be granted.
However, in reality, the Courts have the discretion to overlook if the urgency is no longer there, and can make temporary orders that can affect one's chances of a favorable ruling at the subsequent hearing.
It is almost always better to hire an attorney for an emergency ex-parte hearing. Such hearings are often very emotional, and one may not know what to say under emotional stress. ALL ex-parte hearings are time sensitive. It is highly advised that if you have such a hearing coming up, that you should consult an attorney who has extensive experience handling such matter.
Please feel free to contact us by phone 7 days a week. We offer FREE PHONE CONSULTATION 7 days at (909)234-9789. There is no obligation to obtain a free case evaluation. So, call us. We are here to help.
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