Emergency Court Hearings: Is there Significant Potential Harm?

When is an Emergency Court Hearing the Right Decision and How Does it Work?

What is considered an “emergency” in a emergency hearing? The determination of whether a matter is an emergency needing an immediate hearing requires the requesting party to demonstrate specific “exceptional or exigent circumstances.” Only upon doing so will a hearing be scheduled before a Judge. “Exceptional/exigent circumstances” mean that the matter is serious and immediate, and that significant harm may occur if the case cannot be filed and heard. The courts will not hear cases on an emergency basis if the immediate risk of significant harm is not clear. 

The following types of cases have been determined by the Court to be an emergency:

If you have one of these circumstances, you will be allowed to file your case and be heard, unless the Court tells you that you need to give notice to the opposing side before a hearing can be held.

1. Restraining Orders Pursuant to G.L. c. 209A/Orders to Vacate Pursuant to G.L.c. 208, §34B;
2. Petitions/Motions seeking a “Do Not Resuscitate/Do Not Intubate/Comfort Measures Only” (DNR/DNI/CMO) Order, authorization for medical treatment order, or order for antipsychotic medication;
3. Petitions seeking appointment of a Temporary Guardian or Conservator;
4. Petitions pursuant to G.L.c. 19A, § 7 and G.L.c. 19C, § 20 – protective services;
5. Health Care Proxy actions;
6. Petitions/Motions for Appointment of Special Personal Representative;
7. Petitions for marriage without delay;
8. Complaints for Dependency (SIJS) if the child will turn twenty-one (21) prior to May 1, 2020; or
9. All requests for injunctive relief.

What matters may be considered an emergency matter if I can show exceptional/exigent circumstances? What are exceptional/exigent circumstances?

1. Motions for Temporary Orders where exceptional/exigent circumstances have been demonstrated;
2. Contempt actions where exceptional/exigent circumstances have been demonstrated;
3. If the Department of Children and Families (DCF) has custody of child(ren) under a sua sponte order pursuant to G.L.AC. 119a, § 23(a)(3) that expires between March 18, 2020, and May 1, 2020, the order will be administratively extended for forty-five (45) days from the expiration date. A party to the case may, for good cause shown, ask to be heard earlier by showing exigent circumstances. The request may be decided on the pleadings;
4. Treatment plan orders (for example, antipsychotic medicine) that expire between March 18, 2020 and May 1, 2020 will be administratively extended for sixty (60) days from the expiration date. A party may, for good cause shown, ask to be heard earlier by showing exigent circumstances. The request may be decided on the pleadings; 
5. Temporary orders of appointment in guardianship and conservator cases that expire between March 18, 2020, and May 1, 2020, will be administratively extended for sixty (60) days from the expiration date. A party may, for good cause shown, ask to be heard earlier by showing exigent circumstances. The request may be decided on the pleadings; or 
6. Upon a showing of exceptional/exigent circumstances, a party whose trial pr evidentiary hearing is postponed by Standing Order 2-20 may seek an exception from Standing Order 2-20 by motion which shall be heard on the pleadings or telephonically. No exception shall be granted except with the approval of the assigned Judge and the Chief Justice of the Probate and Family Court.

What do I do if I think I have an emergency and I cannot find it listed above?

If you think you have an emergency and it was not listed above, know that you will need to be able to show the Court that you have exceptional/exigent circumstances. 

Our divorce and modification attorneys are available to answer your questions and help you determine the best course of action.