San Diego Court Process for Emergency Custody and Domestic Violence
In emotionally charged family law situations, emergencies can arise that require swift court intervention—especially when a child’s safety is at risk.
If you are in San Diego and currently face domestic violence while trying to protect your child, you may need to pursue an emergency custody order through family court. Attorney Amelia J. Mattis at Mattis Law, A.P.C., can take steps to protect your family in times of crisis.
What Is an Emergency Custody Order?
An emergency custody order, also called an ex parte custody order, is a short-term legal order that temporarily changes child custody without the usual notice or hearing procedures.
The court’s focus is child safety. So, filing for an emergency custody order in San Diego requires swift and compelling evidence that an urgent custody San Diego situation exists.
These orders are typically reserved for situations where:
- A child is at immediate risk of physical or emotional harm
- One parent is engaging in abusive, neglectful, or erratic behavior
- Domestic violence has occurred, and the child needs protection
Domestic Violence and Child Custody
Domestic violence doesn’t just affect the adult victim. It directly impacts the well-being of children in the household. California family courts take allegations of domestic violence extremely seriously, especially when determining custody and visitation.
Domestic Violence Protective Orders in Family Court (CA)
When domestic violence is present, you may file for a domestic violence restraining order (DVRO) in family court. This protective order can:
- Restrain the abuser from contacting or coming near you and your children
- Grant you temporary sole legal and physical custody
- Force the abuser to move out of the shared home
- Restrict or suspend the abuser’s visitation rights
In many cases, a domestic violence protective order will include immediate child custody provisions. These provisions are crucial in a) protecting children from exposure to continued abuse and b) ensuring their routine and safety are prioritized.
Filing an Emergency Order for Child Protection in San Diego
Filing for an emergency order for child protection in San Diego involves several specific steps, and the outcome can significantly affect your child’s immediate environment.
Step 1: Identify the Emergency
Emergencies warranting an ex parte custody order include:
- Child abuse or threats of harm
- Parental substance abuse or mental health crisis
- Parental abduction or threats of flight with the child
- Exposure to domestic violence
You will need to clearly explain the danger and why the situation requires immediate court intervention.
Step 2: File the Appropriate Forms
In San Diego family court, the main forms used include:
- FL-300: Request for Order (where you describe the need for custody changes)
- FL-305: Temporary Emergency Orders
- FL-303: Declaration in Support of Ex Parte Application for Orders
You must also submit a supporting declaration that outlines the facts and evidence behind your request. The more specific and credible your account, the more likely the judge will grant emergency relief.
Step 3: Court Review and Decision
Once submitted, a family law judge will review your emergency request, usually on the same day or within 24 hours. If the court grants the emergency order, it will be temporary—generally lasting a few weeks until a formal hearing can be scheduled.
Combining Custody and Restraining Orders
In many San Diego cases, clients pursue both a custody order and a restraining order simultaneously. The advantage of combining the two is that family court can:
- Remove the abusive parent from custody arrangements
- Provide immediate protective relief
- Create a temporary legal framework for safety and parenting time
A judge will consider whether domestic violence has occurred and whether that abuse affects the child. If a court finds that a parent has committed domestic violence within the past five years, the law creates a rebuttable presumption against awarding that parent custody.
What Judges Are Looking For
Judges in San Diego County family court evaluate several factors when reviewing domestic violence emergency custody petitions:
- Police reports, medical records, or witness declarations
- Prior or current restraining orders
- Threats, intimidation, or harm directed at the child
- History of abuse (physical, verbal, emotional)
- Whether the child has witnessed domestic violence
If there is credible evidence that a child is in danger or has been exposed to harm, the court will typically err on the side of caution and grant protective relief.
How Long Does an Emergency Custody Order Last?
Emergency custody orders are temporary and usually last until the next scheduled hearing, typically within 20 to 25 days. At that hearing, both parties have the opportunity to present their case, and the court will decide whether to:
- Extend the temporary order
- Modify custody long-term
- Revert to prior custody arrangements
This is when it becomes crucial to have skilled legal representation—especially if the opposing party contests the allegations.
Preparing for the Hearing
The follow-up hearing is your opportunity to show the judge why emergency custody should become permanent or semi-permanent. Your attorney will collect the following types of evidence:
- Documentation such as texts, emails, police reports, photos
- Witness declarations from family, friends, or professionals
- Testimony about the impact of abuse on you and your child
- Evidence of counseling or therapy (if applicable)
An experienced attorney like Amelia J. Mattis will help prepare this evidence in a compelling, well-organized manner to give the court a full understanding of the situation.
Can the Other Parent Challenge the Emergency Order?
Yes. If the other parent disputes the claims, they can file a response and present evidence during the hearing. This is another reason to be thorough in your preparation. False or exaggerated claims can backfire, so it’s essential to present truthful, verifiable information.
If both parties present evidence, the judge will assess credibility and make a determination based on the child’s best interest.
Why Legal Representation Matters
Handling emergency custody matters while facing the trauma of domestic violence is overwhelming. Attempting to navigate court procedures without guidance can put your family’s safety at risk.
At Mattis Law, A.P.C., we understand that these moments require urgency, compassion, and strategic advocacy. Attorney Amelia J. Mattis has earned recognition as one of California’s Top 10 Family Law Attorneys and has been included in the 2023 San Diego Super Lawyers Rising Stars list.
Our experience in handling emergency custody and domestic violence cases allows us to move quickly while staying focused on what matters most—protecting your child and restoring stability.
Speak With Our Experienced Emergency Custody Attorney in San Diego
If you need help with domestic violence emergency custody in San Diego, contact Mattis Law, A.P.C. We are ready to help you pursue the protection and custody arrangements your family needs. Call our San Diego child custody attorney at (858) 328-4400 to schedule your free consultation now.