What Do I Do When I Am Served With An Emergency Application?

What Do I Do When I Am Served With An Emergency Application?

Dear Attorneys,

I was just served with some sort of Emergency Application. What does that mean, and how does this work? It looks like there is already a court order in place that I need to follow, but I never went to court! Do I get to defend myself and tell my side of the story?

Very Truly Yours,

Emergent Issue

 

Dear Emergent,

We are so sorry to hear that! We understand that any type of emergency filing can be startling. First thing’s first, you should review that document carefully. It sounds like you have what’s also known as an “Ex Parte” Application. There are a few different emergency filing options, such as a Temporary Restraining Order, or an Emergency Application for Temporary Custody.

If the opposing party’s motion was granted then, yes, there is a court order in place, and you should have been served with a copy of such.  If the motion was denied, then there is no current court order, but you do have to go to court still to have a hearing. You would not have had to go to court, because emergency motions are reviewed and then ruled upon “on the papers,” meaning absent a hearing. The judge reviews the application and makes an emergency ruling. Whether the motion/application is granted or denied, a court date to address the issues at hand will be calendared. That is when you will be able to go in front of a judge and present your argument.

Without being able to review your Emergency Application, it is hard to tell what orders could possibly be in place. We would highly recommend that you consult with an attorney. We would be happy to speak with you and review your documents. Please contact us at 203.745.3151 or info@wolfandshorelaw.com to schedule a confidential consultation.

Very Truly Yours,

Wolf & Shore Law Group

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