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Urgent Relief

Emergency Motions in Illinois Divorce

When you can't wait for the normal court schedule. Emergency motions get you in front of a judge immediately when irreparable harm is imminent.

When Courts Grant Emergency Relief

Illinois courts take emergency motions seriously. They exist for genuine emergencies - not for gaining tactical advantage or expressing frustration with the normal process. To get emergency relief, you must demonstrate:

  • Imminent harm - The danger is immediate, not theoretical
  • Irreparable injury - Money damages won't fix it later
  • Why notice isn't practical - For ex parte relief, why you couldn't wait
  • Likelihood of success - You'll probably win on the merits

Types of Emergency Relief

Emergency Custody

When a child is in immediate danger - abuse, neglect, or a parent planning to flee with the child.

  • • Temporary sole custody to protective parent
  • • Supervised visitation orders
  • • Prohibition on removing child from jurisdiction

Asset Freeze / TRO

When your spouse is draining accounts, selling assets, or hiding money.

  • • Freeze bank accounts and investments
  • • Prohibit sale of real estate or vehicles
  • • Preserve business assets and inventory

Exclusive Possession

When you need the other spouse removed from the marital home immediately.

  • • Domestic violence situations
  • • Harassment or intimidation in the home
  • • Creating unsafe environment for children

Passport Surrender

When there's risk of international parental abduction.

  • • Order surrender of children's passports
  • • Alert DCFS and border authorities
  • • Prohibit international travel without consent

The Emergency Motion Process

1

Draft the Motion

Prepare a verified motion explaining the emergency, the relief needed, and why immediate action is required. Attach all supporting evidence.

2

Request Emergency Hearing

Contact the court's emergency judge or clerk. For ex parte relief, you may go directly to the judge. For noticed emergencies, request the earliest available date.

3

Present to Judge

For ex parte motions, you present your case without the other side present. For noticed emergencies, both sides argue. Be prepared with evidence and legal authority.

4

Serve and Enforce

If relief is granted, serve the order immediately. For TROs, you may need law enforcement to enforce. Mark the return date for the full hearing.

Warning: Abuse of Emergency Motions

Filing frivolous or exaggerated emergency motions can backfire severely. Judges remember attorneys and parties who cry wolf. Consequences include:

  • Sanctions and attorney fee awards
  • Loss of credibility for future motions
  • Negative inference about your honesty
  • Adverse impact on custody determinations

Facing a Genuine Emergency?

Time matters. If you're dealing with a real threat to your children, your assets, or your safety, don't wait. Call now for immediate guidance.

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