I live in VA. My daughter's father is currently pending charges of assault on a family member (on his wife). He has a history of assault (previously charged with malicous wounding). He has current visitation of my daughter. Do I have any chance of getting an emergency order to stop this visitation pending his charges or changing it to supervised visition? He was just released on bond and I know he going to pick her up soon. Any help would be great
Family Law Attorney
Whether to grant an emergency hearing is always in the discretion of the court, so you will need to contact the clerk's office in the county that last ruled on visitation of your daughter for help. Anyone with reason to believe a child's life or physical safety is in danger needs to act quickly. If you file for an emergency hearing, the most common procedure is for a judge to review the paperwork and determine whether to hold an emergency hearing. You will need to be ready to prove your case with very little notice. I suggest you consult with an attorney in your county to find out the best way to proceed, as procedures for emergency hearings vary from place to place.
Please understand that this answer is provided for informational purposes only, and is not intended as legal advice or to form an attorney-client relationship.