Conflict at the Holidays — When and How To Seek Emergency Relief from the Maryland Courts

The holiday season is supposed to be a time for joyous memories shared with loved ones.

Unfortunately, in the world of family law, it can also be a time for increased disputes, some of which require urgent court intervention. Whether it be a disagreement over travel or holiday access with children or physical violence between parties, there are a number of issues that can arise around the holidays that may land families in court.

There is an understandable sense of urgency a parent might feel over the issue of where a child will spend a holiday, or whether a child may travel out of state with another parent. In reality, there are very limited circumstances in which the court will view a matter as a true “emergency” to give rise to immediate action.

In a family law case, consideration by the Court of an emergency filing typically requires a showing that immediate substantial injury will result to a party or child if the court does not take action. It must be based on real and present circumstances, rather than on speculation that something may happen in the future.

Notably, in order to file an emergency petition, there must also be a case pending before the court. For example, if a parent wants to file a petition for emergency custody, the parent must also file a regular petition for custody as well.

If the court does decide to hold a hearing on an emergency petition, it will be limited in duration and in scope on very narrow requests for relief. It will also not necessarily be heard immediately.

Immediate relief is much more readily available for allegations of domestic abuse. In this circumstance, filing for a Protective Order may be both appropriate and a rapid path to relief from the court.

Where there has been physical abuse of a parent or child, or an act that places a parent or child in fear of imminent physical harm, this may be grounds to file a petition for an Interim or Temporary Protective Order. Protective Orders are available 24 hours a day, 7 days a week, 365 days a year (yes, even on Christmas morning).

Unlike an emergency filing in a family law case, a party can always be heard immediately when requesting a Protective Order alleging domestic violence.

If the filing occurs during court hours, a Temporary Protective Order can be obtained from a judge at the District Court or Circuit Court. If a situation arises outside of court business hours (on a night/weekend/holiday), a Court Commissioner may hold an immediate hearing and decide whether grounds exist to issue an Interim Protective Order pending further hearing by a judge.

Bulman Dunie family law attorneys, Jane Rodgers, Esq. and Meg Rosan, Esq., handle emergency family matters and protective order cases and can assist clients when urgent issues arise. Please contact us at (301) 656-1177 with any questions or to learn more about our emergency services.