Domestic violence incidents can escalate quickly, leaving families fearful and uncertain about their safety and future.
In North Carolina, emergency custody orders provide legal protection for children and victims of abuse. Understanding how these orders work, who can request them, and how they fit into a larger custody plan is crucial if you find yourself involved or think you might be at risk.
Contact Martine Law today and get the direction you need.
What Is an Emergency Custody Order?
An emergency custody order, also known as an ex parte custody order, is a temporary court order issued to protect a child in dangerous situations. Unlike regular custody proceedings, emergency custody orders can be granted without notifying the other parent, allowing immediate action if there is imminent danger.
Legal Basis for Emergency Custody
According to North Carolina General Statutes § 50-13.5(d)(3), a judge may grant emergency custody if:
- There is a substantial risk of bodily injury to the child.
- There is a substantial risk of sexual abuse.
- The child is being removed or is at risk of being removed from the state to evade court jurisdiction.
These conditions prioritize the safety and welfare of the child above all else. If you are not sure how this can affect your parenting rights and cursory, or if you have been served an emergency custody order, don’t navigate it alone; contact us today.
The Role of Domestic Violence in Emergency Custody Decisions
Domestic violence is one of the most common reasons emergency custody orders are granted. When one parent or a household member poses a threat, the court acts quickly to safeguard the child. Evidence such as police reports, medical records, protective orders, or witness testimony often plays a critical role in these cases.
If there is a Domestic Violence Protective Order (DVPO) in place, this can significantly strengthen your case for emergency custody.
How to Request an Emergency Custody Order in North Carolina
- File a Motion for Emergency Custody
- Work with your attorney to prepare and file a verified motion in the appropriate North Carolina family court.
- Provide Supporting Evidence
- Include detailed affidavits, police reports, photos, text messages, or witness statements that show the risk of harm.
- Attend the Emergency Hearing
- Judges often review emergency custody requests within 24 hours. You may not need to appear if the judge rules based on the paperwork.
- Order Issuance and Enforcement
- If granted, law enforcement can assist in enforcing the order immediately.
- Follow-Up Hearing
- A full custody hearing is scheduled shortly after to review the case and determine long-term arrangements.
Want to request a DVPO? Call our layers today.
Temporary Nature of Emergency Custody Orders
It’s important to understand that emergency custody orders are temporary. They are designed to protect children immediately, but a follow-up hearing will determine a more permanent solution.
Both parties will have a chance to present evidence, and the judge will decide custody based on the child’s best interests.
Why Having a Local Lawyer Is Essential
Navigating custody disputes in the midst of domestic violence is overwhelming, and having an experienced lawyer who knows the local laws and has been involved in similar cases can reduce your stress. At Martine Law, we:
- Provide 24/7 legal support from attorneys, paralegals, and assistants.
- Help you gather and present compelling evidence for your emergency motion.
- Offer strategic guidance for both temporary and long-term custody arrangements.
- Represent your interests in court to ensure your child’s safety.
Our local North Carolina attorneys know the court systems, judges, and legal requirements, giving you a significant advantage during these stressful proceedings.
Make The Right Choice to Protect Your Family
If you or your child is in danger due to domestic violence, don’t wait. Contact Martine Law to speak with a compassionate, experienced family law attorney who will act quickly to protect your rights and safety.
Call us now to schedule a free consultation.
Frequently Asked Questions About Emergency Custody in NC
How fast can I get an emergency custody order?
In urgent situations, judges often review requests within 24 hours, and orders can be enforced immediately if granted.
Do I need evidence to file for emergency custody?
Yes. Courts require strong evidence of risk, such as police records, medical documentation, or witness statements.
Can emergency custody become permanent?
Not automatically. A follow-up custody hearing will determine a long-term custody plan based on the child’s best interests.
Does the other parent get notified?
The other parent is not notified before the order is granted, but they will be informed and given a chance to respond at the next hearing.
Can I request emergency custody without an attorney?
Technically yes, but due to the complexity of domestic violence cases, legal representation is highly recommended.