Phoenix Arizona Order to Appear - or Show Cause - on Emergency Petition

State:
Arizona
City:
Phoenix
Control #:
AZ-DR-2-E
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order to Show Cause, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

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FAQ

It is not easy to get emergency custody. The burden of proof lies with the person making the petition for a temporary order. This means that a person asking for it must present substantial evidence to document the emergency situation. Typically, it's best to work with a family law attorney during this process.

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in accordance with Section 21. Article VI of the Arizona Constitution.

What is a Rule 69 Agreement in Arizona? When spouses who have children are getting separated or divorced they have the option of meeting privately ahead of divorce trial proceedings to discuss issues such as visitation and parenting time, child support, and how to divide assets.

The process would normally take between four to six months to complete. This time is required so that the court can comply with the statutory notice requirements.

Most often, the judge will take your matter ?under advisement? and make a ruling within a few weeks, although pursuant to Arizona law judges have up to 60 days to make a ruling. Rulings are made in writing (called a minute-entry) and are given to both parties simultaneously.

If the matter is critical, and does involve a true emergency, then Rule 48 of the Arizona Rules of Family Law Procedure provides you an option as well. This rule permits you to seek emergency assistance from the court without notice to the other side.

Temporary Orders Without Notice (a) Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion.

Grandparents, brothers and sisters, and even aunts and uncles can have authority in the court to file on behalf of the children. This is especially true if the other parent is deceased, but that does not need to be a requirement.

For example, Rule 59 discusses a motion to alter or amend a judgment. Rule 60 deals with relief from judgment and Rule 50 of the Arizona Rules of Civil Procedure states: Rule 50.

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Phoenix Arizona Order to Appear - or Show Cause - on Emergency Petition