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Temporary Restraining Order Sample With Motion In Maricopa
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State:
Multi-State
County:
Maricopa
Control #:
US-000299
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Word;
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FAQ
The process of obtaining temporary child custody in Arizona is to file a petition to establish custody of a child or a petition to modify a prior child custody order. In Arizona, it could, in some cases, take as much as a year to have a final child custody trial.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Temporary custody orders are short-term solutions meant to last until the court establishes a permanent order. Sometimes, this is only a few days, and other times, especially when soon-to-be ex-spouses don't agree on the terms of their divorce, a temporary order can last months.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
In order to get a temporary order in place during a divorce proceeding, an official request for that order must be made to the court. Formally, this request is known as a motion, and a motion for a temporary order in divorce will explain what is being requested and why this request is being made.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
Generally, temporary restraining orders will expire on the date set by the court. Such date should not exceed 10 days unless the court has good cause for an extension or where the opposing party consents to the extension.
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Print your name as the person asking for the Temporary Order without. Notice. 2. Reasons why I need this order.Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. Forms for filing for an Order of Protection or Injunction Against Harassment in an Arizona State Court. Go to Protective Order Center on the 2nd floor of the Phoenix Municipal Court. AZPOINT, the Arizona Protective Order Initiation and Notification Tool, has been designed to help you fill out a petition for an Order of Protection. Step 1: Complete the Motion for Temporary Order without Notice. â–« Fill in the information requested about you at top, left, and the case caption. A respondent cannot ask for a default judgment on an initial divorce filing. For the reasons stated in the request, this office recommends the Court's adoption of the amendment.