The Process of Filing Emergency Motions with the Las Vegas Family Court
When such pressing matters arise, court filings are rarely at the top of anyone’s mind. For assistance with filing an emergency motion for parenting time or a protective order, contact Mills & Anderson. We have been serving the Las Vegas area for decades, so we know the local court rules and quirks of the system. If you need to file an emergency motion with the family court, contact Mills & Anderson today.
How to File an Emergency Motion for Child Custody
Nevada family law courts can grant emergency child custody motions when they have temporary emergency jurisdiction over a child. For the court to have such jurisdiction, the child must be physically present in the state. The child must also have been abandoned, or an order must be necessary to protect the child in an emergency.
To file an emergency motion, you draft a written document that:
- Explains the situation and why it constitutes an emergency,
- Requests a shortened decision timeline, and
- Identifies whether you would like the judge to make a decision based on your written filings alone or if you would like to have a hearing.
You can request a shortened timeline when you have good cause. An emergency typically constitutes good cause.
What Is an Emergency?
A child is abandoned when left without reasonable care or supervision. An emergency order is necessary when one of the following people is subjected to or threatened with mistreatment or abuse:
- The child,
- The child’s sibling, or
- The child’s parent.
Under Nevada’s child protection laws, abuse of a child includes:
- Nonaccidental physical or mental injury,
- Sexual abuse or exploitation, and
- Negligent treatment or maltreatment that harms or threatens to harm the child’s health and well-being.
Only a person with responsibility for a child’s care can usually neglect them. Neglect and maltreatment qualify as abuse if the caretaker causes or allows someone else to cause harm, including:
- Subjecting the child to terrorizing, degrading, painful, or emotionally traumatic behavior;
- Leaving the child without proper care, control, or supervision; and
- Failing to provide food, shelter, education, medical care, or other necessities.
Abuse of the child’s parent typically falls under the category of domestic violence. A person who shares a child with someone commits domestic violence when they subject the other parent to:
- Battery;
- Assault;
- Coercion through force, threats, or deprivation of necessities;
- Sexual assault;
- Harassment through means like stalking, trespassing, or harming an animal; or
- False imprisonment.
Abuse is not limited to these circumstances. Almost any harmful behavior may constitute abuse, depending on the circumstances.
What Should You Include?
In your motion, provide specific facts that indicate an emergency exists. Explain in detail what the other parent has done that leads you to believe the child, their sibling, or you are at risk of harm without the emergency custody order.
If you have documentation like medical reports, text messages, or social media posts, attach those documents as exhibits. Identify the exhibits and explain any necessary context in your motion.
How Can the Defendant Respond?
After you file your motion, the defendant can respond. They may:
- Request a hearing,
- File an opposition,
- Consent to the change, or
- Fail to respond.
If the defendant does not respond or consents to modification, the court will likely grant your motion.
If the defendant requests a hearing, the court may schedule one even if you asked not to have one. If the defendant contests your motion but does not request a hearing, the judge will decide based on your written filings.
What Happens If the Court Grants Your Motion?
When a family court grants an emergency custody order, you may be entitled to take immediate custody of the child. Usually, the court issues a temporary order and schedules a hearing to consider permanent custody arrangements. Rarely, like when the defendant admits to egregious abuse, the court may issue a permanent custody order.
What Happens If the Court Denies Your Motion?
If the court denies your motion, your options depend on whether a custody case already exists and whether the court has non-emergency jurisdiction over the child. You will likely want to file for a temporary order while you work to establish permanent custody.
Usually, a court only considers a temporary order if the parents are already involved in a family court proceeding. Family law courts ordinarily have jurisdiction to issue child custody orders only over children who have lived in Nevada for at least six months. If the child is less than six months old, they must have lived in Nevada since birth.
If you are not yet involved in a family court proceeding, you may need to initiate a non-emergency child custody case. If you are, you may need to submit a non-emergency motion for temporary custody. And, if the court does not yet have jurisdiction over your child, you may have to wait until it does.
How to File a Motion for a Protective Order in Family Court
Unfortunately, protective orders often go with emergency child custody orders. To protect yourself and your child, you may need to pursue a protective order along with emergency custody.
What Types of Protection Orders Can You Request?
Although several types of protective orders exist, Nevada’s Justice Court handles most of them. You can request protective orders involving the following through justice court:
- Stalking and harassment,
- Harm to children,
- Sexual assault protection, and
- Workplace harassment.
You request domestic violence protection orders through family court.
How Do You Get a Protective Order?
To request a domestic violence protection order, you file an application for a temporary protective order (TPO). There, you explain why you need protection, particularly if someone commits or threatens domestic violence against you, as defined above.
By law, the judge must respond to a request for a TPO within one day. The judge usually calls you to discuss your application. Typically, a judge will grant a TPO without first notifying the adverse party.
The judge decides how long the TPO lasts, up to a maximum of 45 days. If you want to pursue an extended protection order, the judge will schedule a hearing and notify the adverse party. To get an extended order, you explain how the adverse party harmed you and/or why they continue to pose a threat.
How Long Does an Emergency Motion Take?
Judges usually decide emergency custody motions within a week and TPOs within one day. If someone presents an active threat to your child’s life or safety, you contact emergency services. You can also apply for a protective order specific to the child in justice court or family court.
Filing Emergency Motions
The attorneys at Mills & Anderson have over six decades of combined experience practicing family law before the Las Vegas courts. Through that experience, we offer connections and insights to help guide you through filing your motion and working with the judges and staff at the court.
