In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But important family and private client needs like divorce, division of and access to family assets, child custody disputes, child abductions, guardianships, emergency support, and domestic violence do not stop now. Even though courts, schools and many businesses are closed, family law emergencies continue—and typically increase—in times of national emergency.
Recognizing this reality, courts in our region have plans in place to ensure emergency private client needs can still be addressed despite widespread court closures. The Family Law Team at Miles & Stockbridge is set up to handle all family law emergencies at this time of crisis.
Maryland
In Maryland, Chief Judge Mary Ellen Barbera of the Maryland Court of Appeals has entered an Administrative Order to ensure important family and private client matters continue to be addressed during the COVID-19 restriction period. Effective March 17, 2020, although Maryland courts are closed to the public, there are procedures in place to ensure the following family and private client matters are still promptly addressed:
- Emergency issues in guardianship matters
- Domestic violence protective orders
- Family law emergencies
- Temporary restraining orders
Depending on the nature of the emergency, the appropriate court will determine whether the emergency matter must be heard live during the closure period, whether it can be heard by video or telephone, whether it can be decided on written submissions only or if it should be scheduled to be heard soon after the courts reopen.
For circuit courts that utilize the MDEC electronic filing system for attorneys, the emergency requests are filed electronically. For those circuit courts, such as Montgomery County and Baltimore City, that do not have the electronic filing system, filings are made through an in-person drop-box located outside of the courthouse. In order to address the growing concerns over social distancing, courts around the world, including in Maryland, are utilizing remote virtual and online systems available to continue to hear matters electronically.
District of Columbia
In the District of Columbia, the Chief Judge of the Superior Court has entered an order ensuring that family and private client needs will be addressed during the COVID-19 emergency. The Domestic Relations and the Domestic Violence Divisions of the Superior Court remain open and available to handle emergency matters.
The Domestic Violence Division of the Superior Court has extended all existing Temporary Civil Protection Orders through May 1, 2020, or the next assigned court date on the updated order in the case. Updated orders will issue in each case without the need for the parties to appear. New Requests for Civil Protection Orders are being handled through the Superior Court’s Emergency Temporary Protection Order Process.
In the Domestic Relations Division, the Superior Court has postponed all trials and non-emergency motions hearing to ensure that the court is able to handle all family law emergency matters during the COVID-19 emergency. Emergency matters in the District of Columbia are similar to those considered emergencies in Maryland.
In all courts in our region, the determination of whether or not an emergency exists, and how to present that to the court during this very unique time, should not be decided without proper legal advice. Matters that may be considered emergencies depending on the circumstances of the family include: domestic violence, child safety issues, child abduction or threatened abduction, physical and mental health guardianship matters, and substantial and unanticipated sudden dissipation of significant martial assets.
Links to the Maryland and District of Columbia Orders relating to family law matters during the COVID-19 emergency may be found here:
These emergency procedures in the wake of COVID-19 will still require family law practitioners to be available and familiar with the courts’ emergency procedures and the practical implications. The current situation will undoubtedly become more complex as it impacts families locally, nationally and internationally.
Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
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