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Emergency Injunction Form For Court In Clark
Category:
State:
Multi-State
County:
Clark
Control #:
US-000299
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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.
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.
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).
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
If you want to change or get rid of an order of protection that protects you, we recommend you reach out to a domestic violence advocate to discuss your options. You can file a motion or petition in the court that issued the order of protection asking a Judge to change the terms of the order of protection.
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 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.
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 the case of a hearing, the applicant will present their arguments to a judge. If the judge is persuaded to make an order, they will grant an interim injunction and list a 'return hearing'. At the return hearing, the court will listen to the arguments of both parties and decide whether to make a 'final injunction'.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
More info
The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.General Forms ; GF-5a. Order of Protection (Family Court). This form is to be filed at the time of filing a new civil case for certain cause types as indicated in LR 40. The Legal Forms Index contains a listing of forms found online as well as sample forms found at the Clark County Law Library. Complaint and Request for Injunction. Download. Protection Order Forms: Click here for a list of the protection order forms that are available, free of charge, at the Civil Law Self-Help Center. Download and complete the Order of Protection forms from the Illinois Office of the Courts. Available in Spanish and Hmong.