Jonah Patel
To request an emergency hearing in Georgia, one must first file a motion with the Court. The motion must explain the reason for the request, and the Court may not deem the matter a non-emergency. Typically, these hearings are called for issues related to child custody, divorce, alimony, visitation, child support, or a division of property. However, they can also be called for more serious matters, such as domestic violence, child endangerment, or substance abuse. In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis, where the other party does not need to be served prior to the emergency order. It is important to note that the definition of an emergency varies and that not all emergencies will be deemed valid by a judge.
| Characteristics | Values |
|---|---|
| Type of hearing | Emergency hearing |
| Type of request | Extremely time-sensitive matter |
| Circumstances | Child custody, divorce, alimony, visitation, child support, division of property, domestic violence, substance abuse, Child endangerment, Death in the family, housing/sleeping emergency |
| Process | File a motion with the Court explaining the reason for the request |
| Serving the other party | Required in most cases; in rare circumstances, the court may hear the matter on an ex parte basis |
| Court's decision | The Court may deem the matter a nonemergency |
| Timing | If the request is granted, the hearing can take place from a few days to a few weeks later |
| Outcome | The judge will hear both sides of the argument and make a ruling that generally lasts until the final order is reached |
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What You'll Learn
Child custody
To request an emergency hearing in Georgia, you must first file a motion with the court. This motion must explain the emergency and why the court should hold a hearing as soon as possible to prevent harm to the child or children. In most cases, you will need to serve the opposing party before the court hears the matter, but in rare circumstances, a court may hear an emergency matter on an ex parte basis, without prior notice to the other party.
During an emergency child custody hearing, the judge will obtain evidence from both parties to determine what outcome should be taken with regard to the best interests of the child. Evidence can include witness testimony, police reports, photographs, and other documents. The judge will then render a temporary order, which remains in effect until a final order is reached.
If there is an imminent threat to a child's well-being, you can initiate an emergency hearing by filing a petition for an emergency court order (also known as an "ex parte" order or "order to show cause") with the court. A judge will typically schedule a hearing as soon as possible, sometimes within 24 hours. If time is of the essence, you can also contact the police for assistance until the court can get involved.
In Georgia, the Official Code of Georgia Annotated §19-9-64 gives courts temporary emergency jurisdiction over a child who is present in the state if they are abandoned or need protection. This law also allows a Georgia court to issue an emergency custody order if a child is in Georgia and has been abandoned or needs immediate protection, even if the original custody order was issued in another jurisdiction.
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Public health emergency
In Georgia, a judicial emergency is defined as a state of emergency declared by the Governor, a public health emergency under O.C.G.A. § 31-12-1.1, a local emergency under O.C.G.A. § 36-69-2, or another serious emergency that substantially endangers or infringes upon the normal functioning of the judicial system.
The Georgia Emergency Operations plan includes the Emergency Preparedness and Response section, which is tasked with leading efforts related to Emergency Support Function 8 (Health and Medical) and supporting Emergency Support Function 6 (Mass Care). This section provides technical assistance, guidance, communication, and logistics to support the local public health districts during times of disaster or public health emergency.
In the context of child custody disputes or emergencies, a Motion for Emergency Hearing can be filed with the court to seek immediate relief. This typically involves drafting and filing the motion, which explains the nature of the emergency and why the court should intervene as soon as possible to prevent harm to the child or children involved. The specific procedures for filing such a motion may vary across different counties in Georgia, so it is important to consult with an attorney familiar with the local court system.
Examples of situations that may warrant an emergency hearing include cases where both parents become unable to provide care for their children due to death, abandonment, injury, illness, or other unforeseen circumstances. In such cases, a third party, such as grandparents or other family members, may request emergency custody or guardianship through the Georgia probate court or juvenile court.
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Local emergency
In Georgia, a local emergency is defined as a state of emergency that substantially endangers or impedes the normal functioning of the judicial system, including the ability of individuals to access the court or meet deadlines imposed by court orders or rules, statutes, or administrative regulations.
To request an emergency hearing in Georgia, one must first file a motion with the Court. This motion should detail the reasons for the request, and the Court may deny the request if it does not deem the matter an emergency. Typically, emergency hearings are called for urgent issues related to child custody, visitation, child support, alimony, or division of property.
It is important to note that emergency hearings are not limited to family law matters. Situations that may warrant an emergency hearing include domestic violence, child endangerment, substance abuse by a parent or guardian, or sudden instability, such as losing one's home.
When filing for an emergency hearing, it is essential to serve the opposing party before the court hears the matter, except in rare circumstances where the court may hear the case on an ex parte basis without prior notice to the other party.
Each court in Georgia may have its own procedures for handling emergency hearing requests, so it is crucial to consult with an attorney familiar with the specific court to navigate the process efficiently.
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Domestic violence
In Georgia, the legal definition of family or domestic violence is the occurrence of one or more abusive acts, as defined by the state, against spouses, children, romantic partners, and other family members or household guests who reside in the same household. Depending on the circumstances involved, it may be classified as either a misdemeanor or felony charge, with domestic violence penalties including fines, community service, mandatory counseling, and imprisonment.
In cases of domestic violence, a Temporary Protective Order (TPO) may be granted on an emergency ex parte basis at the same time a petition asserting spousal abuse, intimate partner violence, or abuse of children or other household members is filed. The court will issue the TPO, based on evidence in the case, if it is determined that domestic violence did occur or is likely to occur in the future.
To file for an emergency hearing, you must file a Motion for Emergency Hearing with the court and seek immediate relief. Each court is different in how it handles these motions, so it is important for your attorney to know the court in which they are working. For example, some counties have Senior Judges who preside over emergency hearings, while others do not.
In cases of domestic violence, it is important to have proof of abuse. This can include evidence of physical or psychological abuse, as well as any history of abuse. If you are in immediate danger, dial 911 and get to a safe place.
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Time-sensitive matters
In Georgia, a party can request an emergency hearing by first filing a motion with the Court. The motion must explain the reason for the request, and the Court may not deem the matter a non-emergency. Typically, these hearings are called for issues related to child custody, visitation, child support, alimony, or a division of property. However, they can also be requested for other time-sensitive matters that require immediate attention.
It is important to note that the court will evaluate the severity of the situation and determine if it merits an emergency hearing. The party requesting the hearing must provide a compelling reason for the court to intervene immediately. In most cases, the opposing party must be served prior to the matter being heard by the court. However, in rare circumstances, a court may hear an emergency matter on an ex parte basis without prior notice to the other party.
When requesting an emergency hearing, it is advisable to seek legal representation. An experienced attorney will be knowledgeable about the specific procedures of the court and can efficiently navigate the process of filing a Motion for Emergency Hearing. They can also provide guidance on the relevant laws and help gather the necessary evidence to support the request for an expedited hearing.
Overall, time-sensitive matters that constitute an emergency in Georgia involve situations that require immediate judicial intervention to protect the well-being of individuals, particularly in cases involving children, and ensure stability during sensitive periods.
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Frequently asked questions
An emergency hearing is a court proceeding that is requested when a situation requires immediate attention and cannot wait until a final case resolution.
In Georgia, emergency hearings are typically called for issues related to child custody, but they can also address other matters such as visitation, child support, alimony, or division of property. Situations that may warrant an emergency hearing include a spouse's arrest, drug abuse by a partner, the death of a parent, abuse by a parent, or a child being in danger.
To request an emergency hearing in Georgia, you must first file a motion with the Court. This motion must explain the reason for the request, and the Court will decide whether the matter qualifies as an emergency. It is important to note that each court may have different procedures for handling emergency hearing requests, so it is advisable to seek legal representation to guide you through the process.
