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Toby Kleinman and Daniel Pollack Toby Kleinman and Daniel Pollack

“Judge, the bridge is going to collapse if you don’t enter an order to close it immediately.” That is the well accepted standard when an emergency exists when seeking an injunction. If a trial court hears such a plea but fails to enter an order closing the bridge, an appellate court can and will overrule a trial judge’s order and enter an emergency order to close the bridge.

Does that ever apply to family court orders and child protection? The simple answer is “yes.” But it is a high bar to meet. An emergent appeal is also known as an interlocutory appeal. It means that the matter is in the middle of a case and no final hearing has been held. When a case has not been fully heard, orders are considered temporary, but sometimes actions are required during the pendency of a case.

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