Spouse Application File Without Permission In Riverside
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A party seeking an ex parte order must notify all parties no later than a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
This rule is essentially forcing parties to try to settle issues in their case before going to trial. If Local Rule 5153 is not complied with, the Court will not allow your case to go forward until these procedures are met.
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.
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).
Ex Parte Applications Ex parte documents must be eFiled before am the court day before the hearing. Ex parte written oppositions must be eFiled before am the day of the hearing. Printed courtesy copies of ex parte oppositions must be provided to the court the day of the ex parte hearing.
Riverside Superior Court Local Rule 3116 provides: Unless otherwise specified in the Order to Show Cause, any response in opposition to an Order to Show Case (a) shall be in the form of a written declaration and (b) shall be filed no less than four court days before the hearing on the Order to Show Cause.
Comply with Local Rule 3116, which provides that a written response to any OSC be filed with the Court at least 5 days in advance of the hearing (although the Court encourages filing any response at least 10 days in advance of the OSC where possible).
Protection orders are generally in place when there is no pending criminal case. However, in many cases, a person will seek a protection order prior to a situation where law enforcement gets involved. Then, later, when a criminal act occurs a no contact order is then requested by the prosecutor.
The second type of criminal protective order is called a 'no negative contact order'. This is a less-severe protective order that means you can still live together, but you cannot argue or fight.
