“Ex Parte” Hearings in Florida Family Courts

There are certain situations when a person needs to ask the Florida courts for temporary relief without the other person being present. When a person seeks such relief in Family Courts in absence of the other spouse or parent, it is called an “Ex Parte” hearing. Tampa Family Law Attorneys Nilo J Sanchez & Associates have specialized in Florida Family Law for over 3 decades. If you believe you have a situation that is an emergency for you or your children in a divorce or custody matter, please call our office at 813-879-4600 to schedule a consultation with an experienced child custody attorney in Tampa.

Examples of Ex Parte Motions for Relief

There are several examples of when an Ex Parte motion for temporary emergency relief may be warranted. Consulting with a Tampa family law attorney will help you to determine if it is the right course of action for you. The most common situations are as follows and it is generally centered around child custody or domestic violence situations. An Ex Parte hearing may be an option when;

  • There is domestic abuse or issues with domestic violence
  • Abusive or dangerous situations for your minor children
  • If one spouse or parent is suspected of fleeing the country with the minor children
  • Temporary freeze of assets

These are just a few examples of when an ex parte motion for emergency temporary relief might be utilized. You should consult with a divorce and family law attorney in Tampa Bay who specializes in Florida Family Law to provide you with sound legal counsel.

Granting Temporary Relief in Florida Ex Parte Cases

If granted, Ex parte emergency relief motions are generally valid for just a short period of time. In part, it is because you are asking the courts to make a quick decision to give you some type of relief and also because you are doing so without the other party’s presence. If granted, your attorney has proven to the courts that irreparable harm to you, your children or financial wellbeing would be immanent.

Recap on Ex Parte motions for temporary relief in Florida:

  • Asking a Florida Family judge for relief without the other side having an opportunity to respond is stating that you are in a serious situation that requires rapid, temporary resolve by the courts
  • Emergency motions are often necessary but they are not to be taken lightly
  • Florida Law puts the burden of proof on the party asking for relief
  • Substantial evidence of a legitimate emergency that would result in irreparable harm must be presented to the courts
  • If temporary relief is granted by a family judge, you can expect that the motion will be revisited within a short amount of time

Do You Have Questions About Emergency Motions in a Divorce or Family Law Matter?

To Schedule a consultation with Family Law Attorneys Nilo J Sanchez & Associates, please call 813-879-4600 or use the form below to message us. 



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