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Generally, obtaining a writ requires four components: An affidavit or declaration asserting the right to have the property, usually pointing to the judgment or order as the basis (I generally attach the judgment as an exhibit to the affidavit); and. The Oregon Writ of Assistance Order itself.
An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). There is no form for most ex parte applications. However, it must be typed on pleading paper. Department 53 schedules ex parte hearings in the mornings, starting at am.
EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.
Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding. Require the other party to stay away and not harass you.
There is no fee to file these forms. You must be present in court when the judge reviews your paperwork. If the judge grants your motion, the court clerk will give you copies of the Order for service. You must formally serve a copy of all paperwork on the other parties (see Step 3).
When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
Immediate Danger Examples or Definition Physical abuse of a child. Sexual abuse of a child. Medical neglect of a child. Drug or alcohol abuse in the presence of a child.
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
Immediate danger means that there is a clear and present risk that a child will be physically injured or neglected in such a way as to endanger the child. The risk here generally involves physical danger and ?immediate? means now.
Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.