Emergency Hearings / Short Notice Representation
At times, it may be necessary to seek legal representation in a hurry. For example, emergencies regarding child custody can arise with little or no advanced warning. Likewise, a divorce case may need to be filed immediately to preserve assets or to prevent one party from leaving the state, or country, with the children. Some people find themselves with a contested hearing, or court deadline, on the immediate horizon, yet have waited until “the last minute” to seek the assistance of an attorney. In any of these types of situations in which representation is needed quickly, you need an attorney with substantial family law experience who can jump in right away and protect your interests. The Denver emergency hearing lawyers at Plog & Stein, P.C. have the skills necessary to assist individuals who need short-notice and emergency representation in Colorado family law cases.
Why should you bring us on board? Consider the following:
- With more than six decades of combined legal experience, our attorneys are skilled at assessing whatever legal situation you may be facing and are ready to get on board a case in rapid fashion.
- We are skilled at taking cases as they come to us and preparing quickly for a court date that might be just around the corner.
- We are equipped to help people who come to us in need of quick legal drafting, such as meeting a response deadline or filing an emergency motion.
Beyond helping people with bringing emergency actions, our attorneys also defend men and women who may be in a situation in which they need to defend themselves against allegations raised by the other side.
There are various emergencies that can arise in a Colorado family law case. Generally, they will relate to custody. In those instances in which “imminent danger” exists, the statute authorizes the filing of an emergency motion. At that time, visitation for the accused stops. With the filing of a motion to restrict, there will be a contested court hearing within 14 days.
Pursuant to C.R.S. 14-10-129(4), the following can lead to custody emergencies that give rise to a motion to restrict parenting time:
- Drug use
- Alcohol use
- Child abuse
- Domestic violence
- Acute mental illness
- Medical or other neglect
Sometimes, emergencies also arise when one party threatens to leave the state with the children, or leaves with them, either before a case is filed or just afterward. In those instances, emergency relief will need to be sought to either prevent the children from being removed from Colorado, or to get them back. Statutes also makes provisions for “expedited enforcement” of custody orders from other jurisdictions, or emergency action to prevent “parental abduction.”
Whatever the case may be, our attorneys are ready to diligently represent people on either side in these types of emergency cases. When dealing with custody emergencies in Colorado, an attorney needs to be aware of the legal standards and levels of proof that will be needed for a hearing to either sustain or defend against an emergency motion.
Preparation for emergency hearings can consist of the following:
- Issuing subpoenas quickly
- Gathering evidence quickly
- Preparing witnesses for hearing on a shortened time frame
In any emergency, the court will be looking for tangible proof. Proving, or refuting, the immediacy of the harm is crucial to dealing with these types of motions. This means, for example, that if you hear a rumor that your ex abused drugs a year ago, you probably would not be successful in asking the court to restrict his or her parenting time. However, if the other parent is caught using cocaine while taking care of the kids, or driving drunk with them in the car, you will likely have the requisite proof to sustain your request.Other Situations That Warrant Case Acceleration
Aside from true emergencies, there are also situations in which the pace of the case is sped up. For example, under C.R.S. 14-10-129(1)(a)(II), a motion also can be brought when the parent with whom the child lives most of the time wants to relocate to a geographical location that would substantially change the ability of the child and the other parent to see each other. In these instances, although not an emergency, the statute indicates that a court shall set the matter for hearing on a “priority” basis. Thus, rapid action may still be required. The emergency hearing lawyers at our Denver firm are also adept at dealing with emergency financial issues for our clients.Did You Wait Until the Last Minute? If So, We Can Still Help!
In addition to true emergency situations, sometimes people wait until the last minute to deal with a family law situation. Just because someone has waited until the last minute does not mean all hope is lost. We have seen many instances in which someone comes to us feeling hopeless and helpless, with a court hearing coming up “next week.” We believe it is better for people to take action and seek legal representation, even if at the last minute, than to never get the help they need. Our attorneys take pride in helping people through legal situations they may believe are impossible.
As with emergencies, our legal team is ready to assess the situation in terms of:
- The posturing of the case
- Issues for trial
- What steps need to be taken quickly to provide the best representation possible on short notice
Family law is not just about preparing for court, or litigating in the courtroom. Rather, there are many steps along the way leading up to a divorce or custody hearing. Even in situations of extreme procrastination on the part of a litigant, our attorneys are equipped to provide quality, top-notch legal writing and can generally get that response or other document drafted within 24 hours, and often sooner.Need Legal Counsel? Consult With Our Denver Emergency Hearing Attorneys Today.
We understand how important your children and your hard-earned assets are to you. In addition to parenting matters, you may need short-notice representation if you believe your spouse or ex-spouse is transferring marital assets or conducting other activities that could harm your financial condition. We are here to help you overcome this difficult moment in your life.