This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Proof of Service by Mail (FL-335) Tells the court that you had the other party served legal papers by mail. Lists the papers that were served and tells when and where the papers were served, as well as who served them.
A Petitioner, also referred to as a self–represented litigant, may choose to electronically file a Petition for Injunction using the statewide e–Filing Portal. You may access the Portal 24 hours a day, 7 days a week to file a Petition.
Standard of Proof In Florida, a petitioner for an injunction must establish by “preponderance of the evidence” (i.e. greater weight of the evidence) that he or she is either a victim of domestic violence or is in imminent danger of being a victim of domestic violence. See: Rollins v. Rollins, 336 So.
A hearing will be set within 15 days, and the Sheriff's Office will attempt to personally serve the person who the injunction is filed against (the respondent) with the injunction paperwork.
The Proof of Service tells the court who was served, and when, where and how they were served. Once your server fills out and signs the Proof of Service, you must file it with the court at least 5 days before your court date.
In Orange County, CA, the "Order to Show Cause" is now called a "Request for Order," using Form FL-300. This form lets you ask the court to address issues like custody, support, or modifications. Be clear about what you're requesting and include any necessary evidence.
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.
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.
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).
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.