There are times when waiting for the normal legal process to play out simply won’t work because of an immediate danger of some kind, or wrongdoing that must be stopped without delay. As the saying goes, “The wheels of justice turn slowly,” but in an emergency, they need to operate at high speed before someone suffers irreparable harm.
Emergency Orders of Protection
Ending a marriage or other domestic relationship can be emotionally intense and often involves anger, jealousy, hurt feelings, and even a desire for revenge. Sometimes an ongoing pattern of abuse is the main reason for the split. In the emotional maelstrom at the ending of a relationship, it is not uncommon for one partner or both to act or behave in a way that is deliberately harmful to the other.
A spouse being sued for divorce will sometimes refuse to leave the marital home, creating a potentially explosive situation for all concerned. One partner will sometimes hurry to empty joint bank accounts, sell off marital assets, or transfer funds to make them unavailable to the other spouse. When emotions run so high that violence occurs or is threatened, the partner who is the victim of the violence or threats may fear for his or her safety.
If you are afraid your soon-to-be-ex spouse or domestic partner is planning to do something to harm you, your Fort Collins family law attorney can file an emergency motion for an order of protection with the court. When there is evidence of child abuse or domestic violence, the court will usually hear an ex parte motion. An ex parte motion is a request by one party, without notification to the other, for a temporary restraining or protective order. Based on your testimony alone, the court could issue a temporary order of protection, requiring the other party to stay away from you, your kids, until a hearing can be held.
Contact the Fort Collins divorce attorneys at The Law Office of Stephen Vertucci, LLC at (970) 900-1800 so you can understand how to protect your interests and how to develop strategies that place you in the best position to reach your goals in a tough situation.
Emergency Child Custody Orders
In Colorado, custody of children is determined based on the best interests of the child. When a child has been endangered, neglected, or abused, or is living in a volatile environment, especially in the presence of domestic violence, an emergency custody order may be required to immediately remove the child to a safer environment. Even if the child is not the actual victim of the violence, the motion could require that visitation be supervised by a neutral third party appointed by the court. You may also request an emergency restraining order if there is reason to believe the other parent may kidnap the child. The request can be made by one parent ex parte and will be in place until a hearing can be scheduled where both sides can be heard or speak to a Fort Collins emergency order attorney for more information.
Emergency Order to Protect Marital Assets
If you discover that your soon-to-be ex-spouse is absconding with, selling, or transferring title to marital assets, you may file a motion to safeguard those assets. The matter may be set for a hearing, at which you will both appear and, with the help of your lawyer, you will make your arguments to extend the order until the dissolution of your marriage is final, and the division of assets complete.
For best results, you should consult with your Fort Collins emergency order lawyer to develop a strategy of how best to protect your assets.
Getting the Legal Help You Need When You, Your Children, or Your Marital Assets Are Threatened
Colorado’s courts take these matters very seriously. The dissolution of a marriage or the end of a relationship can and should be handled in such a way that no one is physically harmed or financially disadvantaged during the process. Protect yourself, your children, and/or your assets by hiring an experienced Fort Collins emergency order attorney.
Call The Law Office of Stephen Vertucci, LLC at (970) 900-1800 for immediate and aggressive action when you, your children, or your marital assets are being threatened. A delay could have serious consequences, so act quickly. Contact our firm today.