Imminent financial harm: Preventing asset dissipation or financial abandonment
Emergency orders can be obtained without the other party present (ex parte) when immediate danger exists, providing crucial protection when time is critical.
Emergency Order Essentials
Must show 'irreparable injury' - harm that cannot be remedied later
Ex parte orders can be issued same day without other party present
Evidentiary hearing REQUIRED within 10 days of emergency order (Rule 48)
False emergency claims result in sanctions, fees, and damaged credibility
Emergency custody bypasses 1-year wait if 'serious endangerment' shown
Standard: Necessary and appropriate pending final decree
Notice: WITH notice to other party (normal service requirements)
Hearing: Scheduled hearing with both parties present
Pre-hearing meeting: Parties must meet/discuss before hearing (unless OOP in place)
Timeline: Hearing typically scheduled 2-4 weeks after filing
Duration: Until final decree or further court order (can last months or years)
Use when: Urgent situation but other party can be given notice without danger
Expedited/Accelerated Hearings
Standard: Important matter requiring faster-than-normal hearing
Notice: WITH notice but on shortened timeline
Hearing: Scheduled sooner than standard 30-60 day timeline
Timeline: Hearing within 1-2 weeks instead of 4-8 weeks
Use when: Time-sensitive but not true emergency requiring ex parte relief
When to Use Each Procedure
Emergency Ex Parte (Rule 48): Child in immediate physical danger from abuse, imminent out-of-state kidnapping, active domestic violence situation, immediate asset dissipation
Temporary Orders (Rule 47): Establishing custody/parenting time during pending case, setting temporary child support, allocating bill payments during divorce, temporary use of family home
Expedited Hearing: Relocation notice requiring timely response, significant parenting time interference, urgent but not emergency medical decisions, school enrollment disputes
Emergency Custody Modifications - Protecting Children from Immediate Danger
Arizona law allows emergency custody changes when children face serious endangerment, even when the standard one-year modification rule would normally apply:
When you file for divorce or legal separation, a preliminary injunction automatically takes effect. Both parties are immediately prohibited from selling property, canceling insurance, incurring unreasonable debt, or removing children from Arizona. No separate filing is needed—these protections are automatic.
Automatic restraining orders take effect upon filing divorce/legal separation:
Property restrictions: Neither party may sell, transfer, or encumber community property
Insurance protection: Cannot cancel health, life, or auto insurance
Debt limits: Cannot incur unreasonable debts
Account changes: Cannot change beneficiaries on insurance or retirement accounts
Child removal: Cannot take children from Arizona permanently
Effective date: Petitioner bound immediately; respondent bound upon service
Emergency Asset Freezing Orders
When spouse is dissipating assets, court can issue emergency orders:
Freeze bank accounts: Prevent withdrawal or transfer of funds
Prohibit asset sales: Stop sale of vehicles, property, investments
Business restrictions: Limit business transactions or withdrawals
Credit card freeze: Prohibit new charges or cash advances
Require accounting: Order detailed accounting of all transactions
Emergency Temporary Support
Immediate child support: Emergency temporary child support pending full hearing
Spouse support: Emergency spousal maintenance for basic living expenses
Bill payment orders: Who pays mortgage, utilities, insurance pending divorce
Attorney fee advances: Order other party to advance attorney fees in extreme cases
What Qualifies for Emergency Financial Relief
Active asset dissipation: Spouse is currently emptying accounts, selling assets
Imminent property sale: About to sell family home or major assets to hide proceeds
Financial abandonment: Spouse stopped paying all bills, left family destitute
Business diversion: Spouse diverting business income or assets
Hidden accounts: Discovery of secret accounts being drained
What Does NOT Qualify for Emergency Financial Relief
Normal spending: Regular living expenses and bill payments
Equal withdrawals: Taking half of liquid community assets (allowed under A.R.S. § 25-316)
General disagreements: Arguments about who should pay what bills
Preference for different arrangement: Wanting different temporary financial arrangement
Maricopa County Emergency Motion Procedures and Timeline
Maricopa County Superior Court has specific procedures for processing emergency motions that litigants must follow:
Filing and Presentation Requirements
File with Clerk first: Must file emergency motion with Clerk of Court BEFORE presenting to Family Administration
Family Administration location: 201 W. Jefferson St., Phoenix, AZ 85003
Present for emergency review: After filing, present copy to Family Court Administration for emergency processing
Cannot shop courts: If emergency motion denied, cannot re-file at different courthouse location
Same-Day Emergency Processing Timeline
Before 4:30pm: Emergency motions presented before 4:30pm addressed by judicial officer by 5:00pm same day
After 4:30pm: Emergency motions presented after 4:30pm addressed by 12:00pm (noon) next business day
Weekends/holidays: Limited emergency services available; true emergencies (DV) processed through on-call judges via law enforcement
Required Documents for Emergency Motion
Verified motion: Motion sworn under oath or with supporting affidavit
Specific facts: Detailed facts showing irreparable injury (not general allegations)
Proposed order: Proposed form of emergency order for judge to sign
Notice of hearing: Even for ex parte requests, notice of subsequent hearing required
Certification: Written certification explaining notice efforts and why ex parte relief needed
Supporting evidence: Police reports, medical records, photos, etc. attached as exhibits
Virtual Emergency Hearing Procedures
Court Connect platform: Virtual appearances via Court Connect (not WebEx)
Case Center: Evidentiary hearings conducted through Case Center video platform
Email notice: Receive "Online Hearing Notice' email with joining instructions
Technology requirements: Computer or smartphone with camera, microphone, internet connection
30 minutes early: Join virtual waiting room 30 minutes before hearing time
Filing Fees (Updated December 28, 2024)
Fee increase: 18% filing fee increase effective December 28, 2024
Emergency motions: Same fees as other family law motions (varies by case type)
Fee waiver available: Can request fee deferral/waiver if indigent
Current fees: See Maricopa County Superior Court fee schedule for current amounts
Common Emergency Motion Rejection Reasons
Insufficient facts: General allegations without specific dates, times, incidents
Not truly emergency: Situation doesn't meet "irreparable injury' standard
Improper notice: Failed to properly certify notice efforts
Wrong procedure: Should have used standard temporary order process (Rule 47)
Incomplete motion: Missing required affidavit, proposed order, or supporting documents
Procedural deficiencies: Incorrect format, missing case information, improper service
After Emergency Order is Granted
Immediate service: Must immediately serve emergency order on other party
10-day hearing scheduled: Follow-up evidentiary hearing within 10 days per Rule 48
Prepare for contested hearing: Other party will have opportunity to respond and present evidence
Burden shifts: At 10-day hearing, moving party must prove order should continue
Maricopa County Resources
Family Court Administration: (602) 506-1561
Law Library Resource Center: (602) 506-7353 (self-help assistance)
Self-Service Center: Forms and instructions for self-represented litigants
Domestic Violence Services: See separate Domestic Violence page for OOP procedures
Relevant Statutes:ARFLP Rule 48, Maricopa County Local Rules
What Happens After Emergency Order is Granted - The 10-Day Hearing
When a judge grants an emergency ex parte order, it's only the beginning of the emergency order process:
Immediate Requirements After Order Granted
Service on other party: Must immediately serve the emergency order on the other party
Comply with order: Both parties must follow emergency order provisions immediately
10-day hearing notice: Other party receives notice of evidentiary hearing within 10 days
Gather additional evidence: Prepare for contested hearing with more comprehensive evidence
The 10-Day Evidentiary Hearing (Rule 48 Requirement)
10-Day Hearing is Critical
If you obtain an emergency order, the other party has the right to a hearing within 10 days. At this hearing, you must prove the order should continue. Come prepared with witnesses, documents, and a clear presentation of the ongoing danger. Many emergency orders are dissolved at this hearing if the moving party is unprepared.
Arizona Rule of Family Law Procedure 48 requires an evidentiary hearing within 10 days when ex parte emergency order is granted:
Both parties present: This hearing is NOT ex parte - other party will be there
Full testimony: Both parties testify under oath and can be cross-examined
Evidence presentation: Both sides present all relevant evidence
Burden on moving party: Person who obtained emergency order must prove it should continue
Court decision: Judge decides whether to continue, modify, or dissolve emergency order
Possible Outcomes at 10-Day Hearing
Order continued: Emergency provisions continue as temporary orders pending final resolution
Order modified: Some provisions continued, others modified or eliminated
Order dissolved: Emergency order terminated entirely, status quo restored
Order made permanent: Emergency provisions incorporated into final orders (if case ready for final decree)
Preparing for the 10-Day Hearing
The 10-day hearing is critical - this is where emergency orders are won or lost:
Attorney representation essential: Highly recommended to have experienced attorney for this hearing
Witness preparation: Line up witnesses who can corroborate your claims
Evidence organization: Organize all evidence chronologically and clearly
Anticipate defenses: Prepare for other party's denials and counter-evidence
Focus on irreparable injury: Continue showing why emergency order must remain in place
Duration After 10-Day Hearing
Temporary order status: If continued, emergency order becomes temporary order
Until final decree: Temporary orders typically last until final decree (can be months)
Modification possible: Either party can request modification based on changed circumstances
Final resolution: Incorporated into final decree or dissolved at final hearing
If Emergency Order is Denied or Dissolved
Status quo restored: Pre-emergency order situation resumes
Standard process available: Can still pursue temporary orders under Rule 47 (with notice)
Appeal possible: May appeal denial if appropriate (consult attorney)
Credibility impact: Failed emergency motion may affect credibility in ongoing case
Consequences of False or Frivolous Emergency Motions
Arizona courts take emergency motions seriously and impose significant sanctions for false, exaggerated, or frivolous emergency claims:
False Claims Have Serious Consequences
Filing a false or exaggerated emergency motion can result in: payment of the other party's attorney fees ($2,000-$10,000+), custody modification against you, damaged credibility in all future proceedings, and in extreme cases, perjury charges. Courts remember who cried wolf.
Draft motion and detailed affidavit explaining the emergency and irreparable harm if the court does not act immediately.
File and Request Expedited Hearing
File the emergency motion with Superior Court. Request same-day or next-day hearing for true emergencies involving child safety.
Common Questions
How do I get an emergency custody order in Arizona?
File an Emergency Motion under ARFLP Rule 48 at Superior Court with an affidavit explaining the emergency (irreparable harm to child). If the court finds danger, it can issue an immediate temporary order. A hearing must be scheduled within 10 days where both parties can present evidence.
What qualifies as a family law emergency in Arizona?
Emergencies include: immediate danger to a child (abuse, neglect), imminent parental kidnapping or unauthorized relocation, domestic violence, drug/alcohol endangerment, threats of self-harm affecting child safety, and imminent asset dissipation. The standard is 'irreparable injury' if the court doesn't act immediately.
Can I get emergency custody without the other parent knowing?
Yes, in true emergencies. Ex parte orders can be issued without the other parent present if immediate danger exists. However, you must attempt to notify them of the hearing if possible, and a full hearing with both parties must occur within 10 days of the emergency order.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
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From Crisis to Clarity
I have helped hundreds of clients and consulted with thousands. My job is to move you from crisis to clarity — with a plan, a strategy, and someone in your corner who knows the details of your case better than anyone.
Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
What a Good Outcome Looks Like
Divorce ranks alongside death for its toll on mental health. There is no victory lap here.
A good outcome looks like this: someone walks through my door in crisis, and six months later, their life is meaningfully better. They call to tell me their kids are adjusting. They're sleeping again. They can see a future.
Every Document. Every Detail. Me.
I have seen what happens when attorneys grow their practices too fast. More clients. More revenue. And attention drifting toward management instead of cases. I watched the details slip. That's not the practice I wanted to build.
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I am not handing your file to an associate who won't remember it when it counts. You hired me. You get me.
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