Family law matters may be pressing in nature, meaning that you cannot wait for the standard court schedule to unfold. When you need emergency action on your matter, the Arizona family lawyers at Blake & Pulsifer, PLC can help.

Arizona laws and court rules provide for expedited procedures in certain circumstances when there is a compelling need, or even a physical danger. In some cases, a judge can issue an emergency ruling without even holding a hearing. In other instances, you may be able to get an expedited hearing that would be held more quickly than would otherwise happen in more standard matters.

Do not wait to get the legal help that you need, especially when you are experiencing an urgent family law matter. Speak to the Arizona family lawyers by calling us at (480) 838-3000 at Blake & Pulsifer, PLC to learn how you can have your matter addressed more quickly.

It is a fact of life in family law that any date of a court hearing is subject to the discretion of a judge. Various things can determine when you can get into court, including the judge’s individual workload and any motion schedule. However, there are times when you may not be able to wait due to the urgency of the situation. When that happens, you may be able to get either an emergency ruling from the court or an expedited hearing.

Emergency Family Law Hearings in Arizona

Emergency family law hearings in Arizona are governed by Rule 48 of the Arizona Rules of Family Law Procedure. The intent of the rule is to allow you a much quicker route to obtaining judicial relief than you would otherwise get if you had to wait for a hearing. This rule allows for an emergency court order without notice to the other party. Emergency procedures can be used when there is a physical danger to a minor child.

To obtain this form of emergency relief, you must show that there will be irreparable harm to you or a minor child that will occur if no order is issued before the other party can be heard in opposition. You or your family law attorney must certify this to the court. Your motion must include an affidavit that describes the circumstances and the harm that may result.

The judge retains the authority to act in emergency situations without even having to hold a hearing. In fact, this is a common outcome in emergency cases where a hearing simply cannot be held in time to protect you or your child. Even if the judge reviews your filing and determines that it is not an emergency, you may still be entitled to an expedited hearing under the procedures described below.

Expedited Family Law Hearings Under Arizona Law

Expedited hearings cover circumstances in which you need to get into court quickly, but there is no imminent threat to anyone’s safety or well-being. Here, there are circumstances that may be deemed to be urgent that require a judge’s prompt attention, but there is no level of physical danger to you or your children. These circumstances may include the following:

  • A situation that may interfere with parenting time, such as willful noncompliance with a court order
  • Disputes over education or travel time (especially with an imminent event approaching)
  • Urgent financial issues relating to child support (although the court can issue an emergency order without a hearing under Rule 48)
  • Decision-making conflicts between the parents over pressing matters

Arizona Statute 25-407 governs expedited hearings. To request an expedited hearing, you would file a motion for a temporary order with the court. The law states that the court is to hold an evidentiary hearing within 60 days after the motion has been filed. The court may consider granting the motion without a hearing if there are emergency circumstances, and the court is unable to schedule the hearing within the 60 days time period. If a judge is not able to schedule the hearing within the required time frame, they must document it, along with the reasons for the delay. Regardless, you have the right to an expedited hearing after filing this motion with the court.

Contact an Arizona Family Law Firm About Your Legal Matter

The experienced Arizona family lawyers at Blake & Pulsifer, PLC can review your situation and draft any necessary emergency petitions or motions. Schedule an initial consultation with a family lawyer by filling out an online contact form or by calling us today at (480) 838-3000.