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Emergency Injunction Form With Court In Queens
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State:
Multi-State
County:
Queens
Control #:
US-000299
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Word;
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FAQ
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.
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.
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.
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.
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.
New York City ex parte restraining orders or orders of protection are orders issued by a judge while the defendant is not present in court. Ex parte restraining orders can sometimes be the result of harassment offenses, stalking, assault, and sometimes even domestic violence offenses.
Bringing a motion by notice usually gives the other side weeks to respond and sets no real deadline for the court to make a decision. If the movant cannot wait weeks, she may submit an order to show cause, asking the court to set tight deadlines for a response and to make a decision.
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).