Emergency Motions in Family Law: Understanding the Purpose and Process

Recorded on October 17, 2023

In times of crisis, women fleeing abusive situations often require immediate family court orders to ensure the safety of themselves and their children. One way to do this is by filing an emergency motion, also known as an "ex parte" motion.

This webinar:

  • explains emergency motions, including what they are and how long they last
  • the process for getting an emergency order, including evidentiary requirements
  • how to effectively support your clients during this challenging process

Min Jin, Staff Lawyer, Luke's Place
Phebe Quaye, Program Manager, Luke's Place

NOTE: We have provided a handout on important resources and supports from the webinar in this link. We also provide it in PDF form below with the recording and PowerPoint slides

Highlights from the webinar:

You can watch the webinar in its entirety OR click on a question, press play , and it will bring you to the corresponding item in the webinar.

Highlights of the webinar - skip to the section by clicking below:
Terminology Overview and Glossary (slide 6-7)
A client can get an emergency order against anybody, at any time, at any of the court locations. It is like calling 911. True or False? (slide 9-10)
Duty Counsel will help everybody that needs an Emergency Order. True or False? (slide 11-12)
The Court will automatically issue an emergency order if Children’s Aid Society or police has recommended it. True or False? (slide 13-14)
An emergency order will cover everything the client needs from the family court. True or False? (slide 15-16)
The client should include all their evidence and documents in their Emergency Motion. True or False? (slide 17-18)
Tips for supporting a client with written materials. (slide 19)
Live Question and Answer Session
If the Emergency Motion is denied, there is no need to inform the other party. True or False? (slide 21-22)
Once an emergency order is granted, it will last a long time. True or False? (slide 23-24)
There is no need to tell the other party about the Emergency Order or show them what was filed in court. True or False? (slide 25-26)
The Court will take care of tracking the other party down and telling them about the Emergency Order. True or False? (slide 27-28)
After the Judge reviews the Emergency Order, the court case is done. True or False (slide 29-30)
Live Question and Answer Session

ASL video