This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Petition Writ Form With Court In Suffolk
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
Legal Examples: A Show Cause Order is issued to a party who has allegedly violated a court order. The individual must appear in court to explain why they should not be held in contempt for failing to comply with the original order, such as not paying court-ordered child support.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the clerk's office in advance of the filing. The papers shall be filed as directed by the clerk's office.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
You may choose to file your own Family Court petition. To do so, go to the website listed below and choose the type of petition you want to file. Completed petitions must be filed with the General Clerk of the Family Court (631-853-4289).
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm.