Family Law Bench Book

1. Definition: A sudden, urgent, usually unexpected occurrence requiring immediate action. The request for emergency relief will usually be in the form of a motion for:
   
   
1. Temporary Restraining Order (TRO)
2. Preliminary Injunctive Order (PIO)
3. Order to Show Cause (OSC)
   Parties should frame their requests to comply with relevant court rules, principally MCR 3.310 (Injunctions) and MCR 3.606 (Contempts Outside Immediate Presence of Court).
   
   
2. Issues addressed at hearing:
   
   
1. Was the opposing party properly served?
2. Is a minor child or party at risk of irreparable harm? What is the harm? In what way is it irreparable? What is the least intrusive judicial action which can reduce the harm or begin repair of damage? What actions can be taken by the parties to reduce or end the emergency? What other resources are available to protect the child or party?
3. If there is an ongoing violation of an existing court order concerning personal safety, prompt, efficient fact-finding should be scheduled.
4. In emergencies as to property, priorities are:
1. Is there an ongoing violation of an existing court order concerning property?
2. Is there a basis for TRO or PIO?
   
   
3. Possible action by Judge:
   
   
1. Refer to ADR.
2. Refer to the Friend of the Court for concurrence that an emergency circumstance exists requiring immediate judicial intervention.
3. Grant relief (for example A, B, or C of Section I, above).
4. Order sanctions, if the motion is deemed frivolous.