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Tow \u2013 Motion For Temporary Orders Without Notice In Los Angeles
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Multi-State
County:
Los Angeles
Control #:
US-000299
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FAQ
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.
Defining Emergency Ex Parte Orders in California Law These orders are typically utilized in situations where there is an immediate threat of harm to a minor child in the case, or domestic violence, or threat of harm to property.
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.
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.
If the judge made any emergency orders, they last until your court hearing.
In civil cases, if the defendant does not appear, the court may issue an ex-parte decree. Remedies against such a decree include filing an application under Order IX Rule 13 to set it aside, appealing under Section 96(2), or seeking a review.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
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).