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.
Emergency Injunction Form With Motion In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
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 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 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.
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.
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.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
As the moving party, you need to fill out: Form 14: Notice of Motion, where you list the orders you're asking the court to make. Form 14A: Affidavit, where you tell the court why you're asking for those orders and why you can't wait until a case conference to discuss the issues. Include your evidence.
Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the court to make the orders you are asking for in your motion.
Disrespectful Language : Avoid using any form of disrespect, such as insults, sarcasm, or derogatory remarks about the judge, the opposing party, or even the legal system. Negative Comments About the Other Parent : Speaking poorly about the other parent can reflect badly on you. Emotional Outbursts