Should an emergency motion be filed?

[cdcoffell]

We have a loss for words, we juts got word that Chris's kids are living with a physcho meth using woman abuser. We are in the process of obtaining the offical police records from Willcox AZ that some of them include him keeping his pregnant wife hostage, slicing her wrists, trying to cut his own head off, starving his ex wife so she wouldn't look like she's pregnant, and many other charges. If we get these in our hands, do we have a valid cause to file for an emergency hearing? This activity took place back in 1998, and he has many more police reports and a record with Palm Beach County (not as bad though here).    

We just found out that this man has a warrant out in AZ. The court clerk told me that we need to get the kids out of that house asap, that she remembers him vidily and he is threat to them. should we file an emergency hearing based on this facts?

His wrap sheet sounds like...  no valid d/l shoplifting larceny driver require restraint on passenger under 16 yrs disord conuct/ weapon /instr assault-inent/reckless/injure carry wpn on school grounds disorderly conduct - fighting x 3 threat w/inj-dmge prop x 2 fighting x 4 theft   

[socrateaser]

>His wrap sheet sounds like...  no valid d/l shoplifting
>larceny driver require restraint on passenger under 16 yrs
>disord conuct/ weapon /instr assault-inent/reckless/injure
>carry wpn on school grounds disorderly conduct - fighting x 3
>threat w/inj-dmge prop x 2 fighting x 4 theft   
>

Shows very bad decision making on part of custodial parent, and possible danger to child. Yes, I'd try for a TRO, and ask for temporary custody.

[cdcoffell]

What exactly is a TRO?

[socrateaser]

>What exactly is a TRO?

A Temporary restraining order is an order of the court issued against a party to temporarily prevent or protect against a particular action(s) or ommission(s) of the restrained party, that, but for the restraining order, would cause irreparable harm to the party seeking such restraint. The TRO remains in force until a full hearing on the matter can be held and a permanent order imposed, or the TRO dismissed.

You appear to have grounds for a TRO, because the child is at risk of physical injury, thus irreparable harm, therefore a TRO may issue.

Usually, a TRO is issued in an emergency and with only one party present (ex parte). This is usually referred to as an Order to Show Cause, or Show Cause Order, ex: "Respondent is hereby ordered to appear and show cause as to why the court's temporary restraining order barring Respondent's cohabiting partner from coming with 300 feet of Petitioner and Respondent's minor child should not be made a permanent order."

Orders such as this used to be called Preliminary Injunctions, when the first hearing was both parties present, but in family law court, everything is usually called a TRO, even if both parties are present for the first hearing.

It's as confusing to me as it is to you.