As a family law attorney, I often encounter spouses urgently seeking divorce due to experiencing violence from their partners. In such critical situations, waiting several weeks for a temporary order hearing is not viable. When a spouse or child’s safety is at stake, it becomes imperative to pursue an emergency hearing. Today’s blog post from the Law Office of Bryan Fagan, PLLC, focuses on the process of requesting an emergency temporary orders hearing.
Initiating the Emergency Hearing Process
The process starts with submitting an affidavit, a sworn statement, to the court outlining the urgent circumstances necessitating an emergency hearing.
During the hearing, the judge will assess your case and gather information about both you and your spouse. This is a crucial stage to determine if your case requires heightened attention due to high risks or conflicts, necessitating increased court and community involvement.
Criteria for Emergency Orders Hearing
Your sworn statement should detail any threats to your child’s safety in the home due to your spouse’s actions. Allegations of family violence involving your child warrant swift judicial intervention.
Presenting your case to a judge who is unfamiliar with your family’s history can be challenging. It’s essential to establish the facts and context clearly for the judge to understand and evaluate the situation.
Strategic Evidence Presentation
You and your attorney must carefully present evidence of the hazardous home environment. Judges are adept at identifying controlling or harmful behavior by your spouse. It’s important not to feel intimidated if your spouse exhibits such behavior in court.
Before filing for divorce or requesting an emergency hearing, the Law Office of Bryan Fagan emphasizes the importance of fully disclosing all relevant case aspects to your attorney. This preparation ensures that your attorney is not caught off-guard by damaging revelations during the hearing.
Financial Control as a Form of Abuse
Abuse in a relationship isn’t limited to physical violence; financial control is another significant aspect. If your spouse restricts your access to finances, impacting your ability to manage household duties, care for your child, or meet basic needs, it’s crucial to bring this to the court’s attention. Judges are trained to recognize and address such forms of control and abuse.
Involving Ad Litem or Amicus Attorneys
In post-emergency or temporary orders hearing, judges might appoint ad litem or amicus attorneys for further investigation into your family situation. These professionals act as the court’s representatives, conducting home visits and interviews to provide a comprehensive report on the domestic environment and any violence.
Mandating Treatment for the Abusive Spouse
If it’s proven that your spouse is abusive, the court may order them to attend therapy sessions like anger management. Their compliance with these sessions and subsequent behavior can significantly impact their visitation rights.
While therapy doesn’t guarantee behavioral change, non-compliance might indicate disregard for court orders, which is an important consideration for the judge.
Presenting Evidence of Violence in Court
If you have evidence of your spouse’s violent behavior, it’s crucial to discuss with your attorney how to present it effectively in court. Preparing robust evidence is vital for adequately conveying the seriousness of the situation to the judge.
Contact the Law Office of Bryan Fagan for Guidance on Emergency and Temporary Orders
For more information on requesting temporary and emergency orders hearings, contact the Law Office of Bryan Fagan, PLLC. Our experienced team is well-equipped to represent clients dealing with violent spouses, ensuring their safety and robust legal support.
For a free consultation with our licensed family law attorneys, reach out to our office. We provide consultations six days a week to assist you through these challenging times.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
