It can often be difficult dealing with the other parent of your child and it can be even more difficult when you are faced with having to go to court because your child is telling you they are being hurt by the other parent or mommy/daddy is doing drugs. You will often feel like no one is listening to you and you fear that returning your child to the other parent will result in the child being hurt, ending up in the hospital or worse. When do you file for emergency custody of your child? There is no right answer other than to say “NOW!” Now is the time to make a move. All too often parents believe they shouldn’t do anything because “I’ve called DCS and they won’t do anything, so a judge won’t either.” This is incorrect. The standard for the Department of Child Safety (DCS) to do something and how a judge will view things can be very different. I recently had an old client call me and ask what they should do when his son told him he was having to fight his mommy to protect his sister because his mommy was hurting his sister. My response was “let’s go to Court and get your son and daughter out of that situation now.”

The standard a judge has to consider for granting emergency orders is whether there will be some kind of harm that will result to the child if the court does nothing. Rule 48 of the Arizona Rules of Family Law Procedure says that the Court can award temporary orders without notice or on an emergency basis if the parent shows “…specific facts that if an order is not issued…the child will be irreparably injured, or irreparable injury, loss or damage will result…” So, when you seek emergency custody of your child be specific as possible in your request and tell the judge what will happen or what has happened that will result in an injury to the child if the Court does nothing.

If you need help and do not know where to start, call our office and schedule a free initial consultation.

Rule 48. Temporary Orders Without Notice*

(a) Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion. A motion may be filed at the same time or after filing an initial pre-decree or post-decree petition.
(b) Grounds. A court may grant temporary orders without written or oral notice to an adverse party or that party’s attorney only if the verified motion:
(1) clearly shows by specific facts that if an order is not issued before the adverse party can be heard, the moving party or a minor child of the party will be irreparably injured, or irreparable injury, loss, or damage will result to the separate or community property of the moving party; and
(2) the moving party or attorney provides written certification of the efforts to give notice to the other party, or why giving notice should not be required.
(c) Orders. Temporary orders without notice must specify the injury, loss, or damage and why it is irreparable, and state why the court granted the orders without notice. Temporary orders expire at the date and time set for hearing on the motion unless the court extends the time for good cause.
(d) Hearing. An evidentiary hearing must be set on the motion not later than 10 days after the order’s entry, unless the court extends the time for good cause. The nonmoving party may request an earlier evidentiary hearing with reasonable notice as the court directs.
(e) Service. The order and notice of the evidentiary hearing must be served as soon as possible after the order’s entry or as the court directs.
(f) Bond. No bond is required for temporary orders unless the court finds a bond appropriate.


Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors’ Notes

Former Rule 48, relating to temporary orders without notice, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 48, AZ ST RFLP Rule 48
Current with amendments received through 11/1/19
*Taken from WestLaw


Written By:

Kim Hewes, Dodge & Vega PLC


Dodge & Vega PLC founded by Ben Dodge, attorney at law. Ben owns and manages a law firm of Affordable Arizona Family Law, Personal Injury, and Bankruptcy Lawyers. He is a nationally certified trial attorney, entrepreneur, endurance Athlete, and extreme Ultra Cyclist.

Ben Dodge, Esq.




A consultation with experienced Arizona Divorce Attorney Ben Dodge is free

Understanding your rights and what you are entitled too, Ben Dodge is known as a serious litigator. There are two types of attorneys, those that sit behind a desk and push paper and those who actually hit the court room in the real world and get things done. Ben is a litigator who thrives in the court room. He once said: “It is one thing to tell your clients you are a good lawyer, it is an entirely different thing to be willing to prove it to them while they watch you do your work in front of them, in front of a jury watching your every move, in front of a judge, and your peers who are lawyers on the other side if your case. I love the opportunity to go to court and put my money where my mouth is.

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The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your case. It is wise to be represented by someone well versed in the law, civil procedures, local and state ordinances, rules, regulations, policies, and even the court room politics that always play out.

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You can call Arizona Lawyer Ben Dodge of Dodge & Vega, PLC at 1.480.656.8333. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Someone from our office will personally return your call within 24 hours to schedule an appointment with Mr. Dodge or one o his associate attorneys. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in relentless representation and his entire office stands ready to serve with kindness, compassion, and patience. We strive to make a legal experience with our firm one of the most outstanding customer service experiences you will ever have and to do so without you having to go broke! Lawyers can be incredible and affordable. Let us show you how.

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Mr. Dodge relentlessly represents clients in the entire state of Arizona including but not limited to Mesa, Phoenix, Tucson, Yuma, Gilbert, Peoria, Glendale, Scottsdale, Ahwatukee, Tempe, Chandler, Prescott, Sedona, Flagstaff, Surprise, Kingman, Page, Lake Havasu City, Payson, Goodyear, Buckeye, Queen Creek, Paradise Valley, Show Low, Winslow, Maricopa, Nogales, Globe, Avondale, Cave Creek, Fountain Hills, Apache Junction, Carefree, Wickenburg, Pinetop-Lakeside, Strawberry, Anthem, Safford, and more. Ben Dodge is an experienced Arizona Personal Injury lawyer, Arizona Family Law lawyer, Arizona Divorce lawyer, Arizona Bankruptcy lawyer, Arizona Child Custody lawyer, Arizona Estate Planning lawyer, and an Arizona Bicycle Accident lawyer. He can cover all areas of family law, personal injury, bankruptcy and estate planning for you.