Emergency Petition
The courts in Pennsylvania are intended to act with great deliberation and consideration, as justice demands when making such important decisions as who gets custody of children and how marital property is to be divided. However, this usually means that the court also acts slowly.
Family law matters often take months or even years to be resolved. Sometimes, though, issues arise that require immediate legal action. For such times, there are emergency petitions.
Chester County Emergency Petition Lawyer
Ciccarelli Law Offices can act quickly to address your immediate and pressing family law needs through the filing of these critical petitions. Whether you need action because of alarming evidence of child abuse or to prevent a soon-to-be-ex-spouse from spending away the marital estate, our family lawyers can take fast action to seek court intervention.
Call (610) 692-8700 or send an online message for a free consultation so we can act as soon as possible. We are based in West Chester PA and serve clients throughout Chester County, Lancaster County and suburban Philadelphia including West Chester, Kennett Square, Oxford, West Grove, Paoli, Malvern, Downingtown, Coatesville, Exton, Parkesburg, Berwyn and Devon. We have convenient meeting locations in Lancaster, Philadelphia, Plymouth Meeting, Kennett Square, Malvern, Springfield, King of Prussia, and Radnor. Our family lawyers serve those with immediate legal needs in Chester County, Montgomery County, Delaware County and Lancaster County.
Pennsylvania Emergency Petition Process
Common Scenarios Where Emergency Petitions are Granted
Family law has a tremendous impact on our day-to-day lives because it governs aspects that are the closest and most personal to us. As a result, an issue could come up at any time that requires immediate attention. Some possible scenarios include:
- You are the parent of a young child, with custody of the child during weekdays. Your child spends the weekends with her other parent and his or her recent spouse. On Monday morning, you pick your child up and notice bruises. You ask your child where the bruises came from, and her answer strongly indicates the new spouse hit her.
- You are seeking a divorce from your spouse after your spouse was engaged in infidelity with a lover. Most of your money is in a joint checking account with the spouse. You check your bank account online and it’s thousands of dollars short. Further investigation shows your spouse has made extravagant purchases in the last week, and has written large checks to the lover.
- You have partial custody of your child, who spends most of his time with your ex-spouse in Chester County. You still see your child on a regular basis where you live in Lancaster County. On one such visit, your child mentions looking forward to surfing. A call confirms that your ex-spouse has planned a move to California in a week, and if you wish to still see your child it’s up to you to try and make it out to the West Coast.
These are only some of the possibilities that warrant an emergency petition. Parental kidnapping and selling marital property are also common causes.
Requesting an Emergency Petition
When such an emergency family law need arises, the party may file an emergency petition. The emergency petition will seek immediate judicial action, usually in the form of an injunction. The injunction could give you temporary sole custody of your child. It could order a divorcing spouse to only spend money from a joint checking account on necessities, or prohibit him or her from selling marital property. It could order a spouse, ex-spouse or parent to immediately return to Chester County with your child.
To acquire such immediate relief, you will need to show “irreparable harm” by an action of another. Irreparable harm means that there is no way to right a wrong done by any kind of monetary compensation. Your West Chester family lawyer can help you show irreparable harm, along with making sure your petition is filed in the correct court, which is very important to obtaining relief as quickly as possible.
Working with a Chester County Lawyer to Pursue an Emergency Petition
If you have a family legal issue that requires immediate attention, the passionate lawyers at Ciccarelli Law Offices can help you obtain the relief you need. Our firm proudly serves the communities of Coatesville, West Chester, Phoenixville, Berwyn, Willow Street, Lancaster, Ephrata, Newtown Square, Glen Mills, Media, Swarthmore, Radnor, Greater Philadelphia, and nearby areas. Call us today at (610) 692-8700 for a free consultation.