Emergency Injunction For Full Custody

[lawly1]

Hi Dan.  My ex-husband and I share joint custody of our two year old daughter.  My ex was arrested for grand theft this year and was put on felony probation.  Last Monday he violated his probation and has been in jail since.  He does not have a hearing until November 8th.  I want to protect our child until he can get squared away.  How do I go about getting an emergency injunction to do this or can I?

Thanks for any help.  Kristen

[Mael]

Hi Kristen, you can file for an emergency injunction but it is not overtly clear what the actual emergency is. Generally a court will not grant such a Motion, at least not on an emergency basis, unless it is shown within the Motion itself that the child is in immediate physical danger or immediate danger of being removed from the courts jurisdiction. I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951