This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend For Emergency Ex Parte Order In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-00003BG-I
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FAQ
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
You can get an ex parte order overturned. If the judge in your case issues a temporary order, you'll receive notice of another hearing – the one in which the judge will decide whether to let the order expire or to make it permanent.
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
Denial of the ex parte motion likely meant the Court was not convinced that the immediate grant of your request was necessary to protect the individual or the individual's rights. Don't forget the ex parte motion is one of the few times when the court system does not offer both parties a level playing field.
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
Request for Order (form FL-300) If you received a Request for Order (form FL-300), it means the other person in your family law case is asking the judge to make a decision. The court sets a date to hear from both sides (a hearing) before it makes a decision.
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
If the judge made any emergency orders, they last until your court hearing.
More info
If you need a judge to make an order as soon as possible due to an emergency, you can file a request for a temporary emergency order. You must also complete form FL-150.Complete this section if you are asking to change an order the was previously made. Any case for which all parties do not consent will be reassigned to a District Judge in the San Francisco, Oakland, or San Jose division. Instructions. 1. Complete this form, including the affidavit on page 2. 2. Attach an Affidavit Concerning Children, form JD-FM-164. Copies can be obtained for a fee in the Court Business Center, on the 6th floor of the George Edgecomb Courthouse. The answer to your question is that there are probably no specific easy to use forms to use on an ex parte motion. Dive deep into the urgent legal grounds that justify an emergency ex parte order in California, ensuring immediate judicial intervention. This page contains links to opinions, orders, or memoranda from the previous six months.