Florida Family Law Rules of Procedure and the Ex Parte Motion

Florida family law rules of procedure Boca Raton, FLTips on How to File for Divorce at the South Palm Beach County Courthouse

The Florida Family Law Rules Of Procedure contain strict instructions for filing an ex parte motion during a Palm Beach County divorce. This type of motion can be filed without notice to the opposing party, which poses a serious threat to that party’s due process rights. Because of this, a party generally can only file this type of motion if exigent circumstances exist. In the majority of situations in which an ex parte motion is filed, time is of the essence. Consequently, it’s important to know what the Fifteenth Judicial Circuit considers the type of emergency that would justify an ex parte motion.

Pay Attention to the Florida Family Law Rules of Procedure to Avoid Ticking Off the Fifteenth Judicial Circuit

Florida divorce can send any client over the edge. When a couple splits, emotions run high and what once may have rolled off a party’s back, now sends them into panic mode. With this type of hyper-sensitivity, parties are often quick to seek the application of emergency relief.

The term emergency is more widely exploited at the South Palm Beach County courthouse than “YOLO” and “turn’t up” are by American pop culture. I know, hard to believe. This post will focus on the subjective nature of an emergency as seen through the eyes of a party. And, therefore, how it may conflict with the Florida Family Law Rules Of Procedure.

The Importance of Understanding When to Invoke the Power of an Ex Parte Motion in Florida Divorce

Walking into the South Palm Beach County Courthouse for a Florida divorce hearing is tough. Even if you spend hours lost in daydreams about your spouses demise, it can be hard to reconcile that the person you planned to build a life with has become someone you don’t even recognize. It’s taken some time but you resolve not to live in the past and appoint yourself as the one to take the high road.

Sure, you  sweat a little at the thought of being alone the rest of your life. Destined to end up like one of those poor old people on the Lifecall service commercials. But, you’ve learned to accept your new life and be civil to your former flame. And, it turns out you’ve still got a little swing left in your step after all! I mean, really, what did divorcees even do before Tinder?!

Florida family law rules of procedure Boca Raton, FLUse the Florida Family Law Rules of Procedure for a Dose of Reality

And then it happens. The event that changes the landscape of rational understanding. Maybe the Mrs. has taken it upon herself to interpret your division of marital property filed by your divorce attorney as a personal attack. In retaliation, it seems she has removed all of your belongings from the marital home. Including your signed 1952 Mickey Mantle Topps baseball card and Cuban cigar collection. And left them on the front lawn. During a tropical storm.

Or perhaps little Johnny returned from time sharing with your former soul mate talking about how much fun he had at the water park. Consequently, with Daddy’s new friends from Miami… Bambi, Sapphire, and Fantasia.  You’re sure you saw something about a legal parte proceeding on some Florida Family Law forms. Because if this ain’t an emergency, nothing is.

The Florida Family Law Rules of Procedure Only Allows an Ex Parte Motion under Extraordinary Circumstances

You frantically call your divorce lawyer and demand an appearance at the South Palm Beach County courthouse pronto. You’ve already told your boss you need Friday off. Clearly you need to get a front row seat to hear every word out of the judge’s mouth as he rips your ex part for being irresponsible and downright mad. Your lawyer explains that if you want to file court ex parte relief in Florida, there must be imminent danger or a situation requiring immediate and extraordinary action.

To which you retort, “Yeah, and?!”

Palm Beach County Divorce Lawyers Emphasize the Bottom Line of the Florida Family Law Rules Of Procedure: R-E-L-A-X.

As unbelievable as it may seem to someone who has just experienced such a traumatic turn of events, neither of the aforementioned scenarios will likely constitute a true emergency. An emergency order is a temporary measure. This order is only valid until a full evidentiary hearing can take place under the Florida Family Law Rules of Procedure.  As a result, it’s usually entered with little or no notice to the opposing party. Again, recording serious due process concerns. So unless Bambi was smoking crack on the lazy river while Johnny looked on, chances there’s no emergency in the eyes of the South Palm Beach County courthouse.

Florida family law rules of procedure Boca Raton, FLDon’t Look Like a Chump At The Palm Beach County Courthouse: Learn The Florida Family Law Rules Of Procedure

The best attorney will manage your expectations and give you the lowdown on what will or will not qualify for emergency relief. The last thing you want is to look like a fool in front of the judge when he berates you for wasting the court’s time. You should feel confident knowing your Florida divorce lawyers top priority is to protect your interests instead of hustle you.

Requirements for Relief from an Ex Parte Motion Under the Florida Family Law Rules of Procedure is Key to Understanding How to File for Divorce in Florida

To obtain emergency relief under the Florida Family Law Rules Of Procedure, the party who files must prove several things to the circuit court:

  1. The party will suffer irreparable harm unless the status quo is maintained.
  2. That they have no adequate remedy at law.
  3. The party has a substantial likelihood of success on the merits.
  4. That emergency relief will serve the public interest.

In addition, every order a court enters without notice to a party must:

  1. Define the injury.
  2. State findings by the county court why the injury may be irreparable.
  3. Give the reasons why the order was granted without notice if notice was not given.
  4. Specify the reasons for entry and describe in detail the act restrained without reference to a pleading or another document.

Florida family law rules of procedure Boca Raton, FLDo Yourself a Favor and Get to Know the Rules of the Fifteenth Judicial Circuit

As you may have guessed, there are exceptions to the emergency requirement for ex parte motions under the Florida Family Law Rules of Procedure. For example, administrative orders set by the Fifteenth Judicial Circuit can establish circumstances which allow a party to file such a motion in other situations. For example, if a party doesn’t comply with discovery requests and there hasn’t been a request for an extension, a party may file an ex parte motion to compel.

Fifteenth Judicial Circuit Administrative Order adds Additional Requirements to the Florida Family Law Rules of Procedure

To schedule an emergency hearing at the South Palm Beach County courthouse, a Rule of Judicial Administration by the Fifteenth Judicial Circuit states:

  1. Requests for emergency hearings are decided by each judge on the emergency motion alone.
  2. Upon receiving a request, the judge decides whether an emergency exists.
  3. If so, the judge will schedule a hearing or enter any ex parte order deemed necessary.

Motions for Emergency Hearings will be denied unless there are sufficient allegations to establish that there is:

  1. An imminent risk of substantial physical harm to a minor child.
  2. A child is about to be illegally removed from the Florida court’s jurisdiction.
  3. Motions for immediate payment of child support, alimony or for time sharing usually do not meet the standard for emergency relief.

Click  Boca Raton Florida Divorce Lawyers today to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting in all matters of Florida Family Law.

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