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Temporary Restraining Order Sample With Motion To Dismiss In Montgomery
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Multi-State
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Montgomery
Control #:
US-000299
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FAQ
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
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, either party can appeal a judge's decision to grant or deny a restraining order. In filing an appeal, you are asking a higher court to review the court's ruling.
Not easily. A protective order can only be dropped by the court as that is who issues them. A PPO is not easy to get so if prosecutor pursued one and a judge signed off on it, there was credible evidence a PPO was necessary. I've been a foster parent for 20+ years.
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 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.
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.
An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party. For example, a party can seek an order granting discovery, or dismissing all or part of an action by bringing an Order to Show Cause.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
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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. If you're the person who obtained the temporary order, you can contact the court and ask for it to be terminated before the expiration date.Use this form to ask the court to shield court records in a protective order case. Note when you are filing a new Divorce, Dissolution, Annulment, Legal Separation OR Answer, you MUST PRINT AND COMPLETE ALL FORMS LISTED. In the original proceeding, I was the Petitioner Respondent. 1. Use this form to ask the court to shield court records in a protective order case. Can the court issue mutual protective orders? Domestic Violence - A 6-Part Video Series (from the Maryland Courts). Form Number, Name, Revised. The cover sheet is a fillable PDF document capable of being filled out electronically through the Adobe Acrobat Reader.