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Temporary Restraining Order Sample With Motion To Dismiss In Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000299
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Word;
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FAQ
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Temporary Ex Parte Protective Orders These orders generally last up to 20 days but can be extended by the court if necessary, mainly if the final hearing has not yet occurred. In cases where delays in the court process occur, or new threats emerge, the court may grant an extension of the ex parte order.
The term “ex parte” means "from one party” in Latin, which can describe any situation where a judge communicates with only one side (or one party's lawyer) in a legal matter. Ex parte hearings are only granted in extreme cases, as they contradict the fundamental right to due process guaranteed by the Constitution.
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days.
What if I want to drop (dismiss) my permanent restraining order? If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.
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 by ex parte you mean a hearing where the other side fails to appear despite notice, then you must show that the other side was properly served with notice. You must then present evidence to prove that you are entitled to the relief you have requested.
A motion to dismiss the entire case puts off any need to file an answer until after the motion is decided. When a motion to dismiss addresses some but not all claims in the complaint, most courts have held that there is no need to answer even on those counts not affected by the motion until the ruling is given.
The first lines of your motion should state your name and role in the case, and what you are asking the judge to do. Traditionally, the first line begins "Comes now the defendant," followed by your name. Then you state that you're asking the court to dismiss the plaintiff's complaint.
More info
If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. How to obtain a temporary protective order.What You Should Know Before Filing a Temporary Protective Order (TPO). This section contains the most current forms for the Protective Order Registry. These forms are provided in Adobe (PDF) format. File a Temporary Protective Order. Review the process to file a temporary protective order. This form can serve as a template when a lawyer is filing a motion for a temporary restraining order in federal court. File a petition to the Clerk's Office of the Superior Court of the county where the respondent resides. You must complete and sign all required paperwork.