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.
Motion For Temporary Orders Without Notice In Queens
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State:
Multi-State
County:
Queens
Control #:
US-000299
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Word;
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FAQ
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)
New York Restraining Orders Disorderly conduct. Harassment (1st degree, 2nd degree) Aggravated harassment (2nd degree) Stalking (1st degree, 2nd degree, 3rd degree, 4th degree) Menacing (2nd degree, 3rd degree) Reckless endangerment (1st degree, 2nd degree) Assault (2nd degree, 3rd degree) Attempted assault.
Copies of the notice of motion and supporting papers must be served on all parties at least eight days before the time at which the motion is noticed to be heard by the court. Add an additional 5 days if the motion is served by mail.
If you do not respond with your own affidavit, the court may only have the evidence presented by the other party to consider, which could potentially impact the court's decision unfavorably against your interests.
Impact on Legal Rights: By not answering a summons, you effectively waive your right to defend yourself in court. This could have long-term implications, such as damage to your credit rating (if a monetary judgment is rendered against you), property liens, garnishment of wages, or other enforcement measures.
Here's what generally happens if there's no response: Default Judgment: If the defendant, or their counsel, fails to respond to the summons within the specified time frame (usually 20 to 30 days depending on the jurisdiction), the plaintiff may request a default judgment.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
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 return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.