The Need for Immediate Intervention

Facing a family crisis, such as a contentious separation or a dispute over child custody, requires clarity and often immediate legal intervention to prevent serious and irreparable harm. In these circumstances, waiting for the ordinary course of justice is not a viable option. Urgent measures are legal tools designed precisely to provide rapid and effective protection. As an expert lawyer in family law in Milan, Avv. Marco Bianucci assists his clients in managing these delicate phases, ensuring that their rights and, above all, the well-being of minors are protected without delay.

What Are Urgent Measures in Family Law

Urgent measures, or precautionary measures, are temporary decisions issued by the Court to regulate a conflict situation pending a final judgment. Their purpose is to crystallize a factual situation to prevent the passage of time from compromising the rights of one of the parties, particularly those of the weakest subjects like children. These tools are based on two fundamental premises: the fumus boni iuris, meaning the plausible existence of the right to be protected, and the periculum in mora, that is, the concrete risk that, within the time needed to conclude the case, this right may suffer serious and irreparable prejudice.

Areas of Application: Children, Home, and Financial Support

Urgent measures can concern the most critical aspects of a family crisis. Measures relating to child custody and placement can be requested to ensure their stability and a serene environment. Another crucial area is the assignment of the family home, especially in the presence of minor children, to ensure the continuity of their life habits. Finally, it is possible to request the determination of a provisional maintenance allowance for children and, if the conditions are met, for the economically weaker spouse, in order to guarantee indispensable financial support during the legal proceedings.

The Strategic Approach of the Bianucci Law Firm

The effectiveness of an urgent application depends on its timeliness and the soundness of the legal and factual arguments presented. The approach of Avv. Marco Bianucci, a family lawyer in Milan with consolidated experience in the field, is based on a rapid and thorough analysis of the case to immediately identify the risk factors and the rights to be protected. The strategy consists of swiftly gathering all necessary documentation to demonstrate the premises of periculum in mora and fumus boni iuris, drafting a clear, detailed, and convincing application. The goal is to present the judge with a complete picture of the situation that makes evident the need for immediate intervention to protect the interests of the client and the family.

Frequently Asked Questions

When can I request an urgent measure?

An urgent measure can be requested when there is a concrete and imminent risk of serious and irreparable prejudice to a right. In the family context, this can include situations of violence, the risk of a minor being taken away, deprivation of economic sustenance, or any other circumstance that endangers the psycho-physical well-being of family members.

How long does it take to obtain an urgent measure?

The times are considerably faster than for an ordinary lawsuit. Once the application is filed, the judge sets a hearing very quickly, often within a few days or weeks. The decision is made immediately after the hearing or in any case within a very short timeframe, precisely to respond to the urgency that characterizes these proceedings.

What are urgent presidential measures?

Within the scope of separation or divorce proceedings, the first hearing is the presidential hearing. In this context, the President of the Court, after hearing the parties, adopts provisional and urgent measures that will regulate the relationships between the spouses and with the children for the entire duration of the lawsuit. These measures concern child custody, the assignment of the marital home, and financial aspects.

Is it possible to obtain the spouse's removal from the family home?

Yes, it is possible. If cohabitation has become unbearable or there are episodes of violence or serious conflict that prejudice the serenity of the children, the judge can order one of the spouses to leave the family home. This measure, known as a protection order against domestic abuse, can also be requested with a separate urgent application.

Request a Case Evaluation in Milan

If your family situation requires immediate and decisive legal intervention, it is crucial to act without delay. Waiting could irremediably compromise your rights and the well-being of your loved ones. Contacting the law firm means entrusting yourself to a professional who understands the urgency and delicacy of the moment. Avv. Marco Bianucci is available to analyze your specific case and define the most effective strategy for immediate protection. The Bianucci Law Firm is located in Milan at via Alberto da Giussano, 26.