Missouri Affidavit by Victim for Dismissal

State:
Multi-State
Control #:
US-00837
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

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FAQ

In addition, if an Ex Parte or Full Order of protection provides visitation or custody rights to the respondent, the law requires that the respondent be provided notice of any hearing concerning your request to dismiss the existing order.

(c) A voluntary dismissal under Rule 67.02(a) shall be without prejudice unless otherwise specified by the plaintiff. Any other voluntary dismissal shall be without prejudice unless otherwise specified by the court or the parties to the dismissal.

Section 534.120 - Failure to prosecute, nonsuit. 534.120. Failure to prosecute, nonsuit. ? If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.

There are two types of orders of protection: an ex parte order of protection and a full order of protection. An ex parte order of protection is issued by the court before the person against whom the order is directed has received notice of the petition or an opportunity to be heard in court. It is a temporary order.

513.612. Right to file motion to dismiss ? jury trial. ? Any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days.

Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application. ... Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ... If the other party is harassing you or forcing you, provide the court with the records. ... Be prepared for a full hearing.

If the judge finds that there is an immediate and present danger of domestic violence, stalking, or sexual assault, an ex parte order of protection will be issued. It is effective when entered and shall remain in effect until there is a valid service of process and a hearing on the petition can be held.

An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.

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Missouri Affidavit by Victim for Dismissal