Emergency Orders


After the Complaint is filed, the Court can issue "ex-parte" orders (i.e., orders issued by the Court on the application of one party without participation by or notice to the other party). Courts are reluctant to grant such orders, as they are based on only "one side of the story". The Court has the authority however to give the Plaintiff (1) a financial restraining order against the Defendant preventing the Defendant from selling, mortgaging or giving away any property without Court approval; (2) a physical restraining order preventing the Defendant from harassing the Plaintiff; (3) temporary custody of the minor child or children (only in exceptional circumstances) and (4) an order protecting the children from one parent for up to 72 hours. These ex-parte orders can be requested in the Complaint and obtained shortly after the Complaint is filed.

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