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Motion For Temporary Order Sample With No Experience In Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-000299
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Word;
Rich Text
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FAQ
To file for temporary emergency custody, you will file it by order to show cause with an affidavit and petition for custody attached. You will file the application in the family court in the county your child resides in.
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)
If you are convicted of any degree of this crime, your outlook is bleak in terms of sentencing. Second Degree is an “A” misdemeanor while a First Degree conviction is an “E” felony. These crimes are punishable with sentences up to one year in jail and four years in state prison respectively.
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.
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.
As the person who filed the Motion for Contempt, you will have to prove: that there is a valid court order; that the other party violated or disobeyed the order (Be prepared to say exactly how you think the order was disobeyed. that the other parent violated (or disobeyed) the court order on purpose.
You should respond by using corresponding points. You don't want the court - or the judge's law clerk to have to search your response to see how it does or does not align with the motion. You want your response to be as clear as possible. And aligning /corresponding your responses can be very helpful to you.
If You Have Been Noticed of an Ex Parte Hearing You are not required to file a Response to the Ex Parte request. However, you may submit a response along with valid proof of service to the moving party via the Court's dropbox by a.m. on the scheduled ex parte hearing date.
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)
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.