Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.
Utah Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
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How to fill out Ex-Parte Motion To Enjoin Removal Of Child From Jurisdiction Of Court Due To Abusive And Dangerous Conduct By Spouse?
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Restraining orders are more general and can apply to a variety of behaviors. Protective orders are more tailored to violent behavior and are designed to prevent violence against victims. In either case, your freedoms will be restricted and you should challenge these orders with the help of an attorney.
The respondent can ask to modify or dismiss a protective order by filing a motion asking to modify the protective order, or a Respondent's Request to Dismiss Protective Order form. The request must be served on the petitioner, and the court will schedule a hearing.
Many, If Not All, Actions that Would Meet the Definition of ?Parental Alienation? Can Be Sanctioned Legally. While Utah law does not formally recognize such a thing as ?parental alienation?, Utah law does not allow divorced or unmarried parents to treat mistreat each other (or their children) with impunity.
Private Records Only the parties, their lawyers and a few others can view and copy the record. A few examples of private records include: Petition for divorce. Request for protective order.
You may be able to get a protective order against a cohabitant who is 16 years or older or someone who is under 16 but is legally emancipated or married. If both the petitioner and the abuser are under 16 years of age, an adult may file for a child protective order on behalf of a child in juvenile court.
In Utah, one parent can seek emergency child custody without the other parent being present or notified. This form of ?ex parte? order is typically only ordered in extreme situations, but it may be an option for many parents who believe their children are in danger.
While no-contact and protective orders can be imposed in your absence under emergency circumstances, they only last until a hearing can be held on the matter. At your hearing, the order could be made more long-term order. The order could potentially last up 150 days, although criminal provisions may last for 3 years.
Abuse or danger of abuse -- Cohabitant abuse protective orders.