Before you start completing the Motion for Ex Parte (Emergency) Relief, make sure you have the following information ready:

Case & Court Information

  • Court Name (Family Division location)

  • Case Number (if already assigned)

  • Case Name – In the matter of [Petitioner] and [Respondent]

Party Information

For both the Petitioner and Respondent, gather:

  • Full legal name (first, middle, last, and suffix if applicable)

  • Complete address (street, town/city, state, ZIP code)

  • Telephone number and email address

  • Employment information (if needed for context)

Case Background

  • Whether this case is already pending before the Court

  • Whether the parties are or were married

  • Whether the Court has previously issued any orders in this case

    • If yes: Type of orders, and the date(s) issued

  • Whether the parties have any minor children, and if those children are at issue in this motion

Child Information (if applicable)

If children are involved, prepare the following details:

Current Information

  • Full legal name of each child

  • Date of birth

  • Current legal residence

Prior Residences

For each child:

  • Dates (from/to) of previous addresses

  • Town/City, State

  • Address and name of parent/caretaker at that residence

  • Which child(ren) the address applies to

Court History

  • The date and type of the most recent court event (if any)

  • Whether another court event is already scheduled, and if so:

    • Type of event (hearing, review, etc.)

    • Date of next court event

Emergency Request Details

Be ready to explain why immediate (ex parte) orders are necessary.

Include:

  • The reason for seeking emergency relief (choose or specify: domestic violence, safety, removal of child, etc.)

  • The potential harm or risk if the orders are not granted

  • Who will suffer the harm (yourself, the child, or both)

  • Any known criminal or dangerous behavior by the other party

Supporting Facts & Incidents

Prepare detailed information about the events or incidents leading up to this motion:

  • Description of each incident (what happened, when, and where)

  • Source(s) of information (personal observation, report, witness, etc.)

  • Any incidents within the last 2–5 years that support the request

If there are no recent incidents, note: “Events/incidents in the last 2–5 years – N/A.”

Communication & Attempts to Resolve

  • Whether you attempted in good faith to reach agreement with the other side:

    • If yes: Date, time, method (phone, email, text), and result of that communication

    • If no: Explain why a good faith attempt was not made (e.g., risk of harm, futility)

  • Whether you advised the other party to contact the Court and if they responded

Requested Relief

List each specific order you are requesting from the Court. Examples may include:

  • Temporary custody or parenting time restrictions

  • No contact or limited communication provisions

  • Protection for child(ren)’s residence or relocation

  • Exclusive use of marital residence

  • Suspension of certain orders pending hearing

  • Any other immediate relief required for safety

Also include:

  • Any dates you are unavailable for a future hearing

  • A request that the Court schedule the hearing as soon as possible

Certification & Signatures

You’ll need:

  • Your signature as the filing party

  • Current address, phone number, and email

  • Notary acknowledgment section completed (with seal and commission expiration)

  • If represented, Attorney name, signature, and address

Certification Section:
Confirm that a copy of this Motion was provided to the other party:

  • Name of recipient

  • Date provided

  • Method of delivery (mail, email, in-person, etc.)