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Sample Motion For Temporary Restraining Order In Queens

Category:

Animals - Pets

State:

Multi-State

County:

Queens

Control #:

US-000299

Format:

Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.

Types of proof that can aid in your filing a protective order include: Threatening, violent, or harassing, texts, emails, or voicemails. Previous calls to 911 or domestic violence hotlines.

A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.

Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.

New York Restraining Orders Disorderly conduct. Harassment (1st degree, 2nd degree) Aggravated harassment (2nd degree) Stalking (1st degree, 2nd degree, 3rd degree, 4th degree) Menacing (2nd degree, 3rd degree) Reckless endangerment (1st degree, 2nd degree) Assault (2nd degree, 3rd degree) Attempted assault.

The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.

In most U.S. jurisdictions, a writ of mandamus or other similar appeal is how a party may compel a court to rule on a pending motion.

Temporary restraining order. (a) Generally. If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice.

Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

More info

If you feel that you need a temporary order to protect you right away, you should speak up and ask for one. You can file a motion or petition in the court that issued the order of protection asking a Judge to change the terms of the order of protection.If you're the person who obtained the temporary order, you can contact the court and ask for it to be terminated before the expiration date. A temporary order that lasts only a couple of weeks to a month or so doesn't always require evidence. Intheblanks form required for any matter originating and electronically filed in Supreme or Surrogate's Courts in Richmond County. A temporary order means a hearing is held first, with notice to the other party, and the order can stay in effect until your dissolution case is finalized. For more information regarding ex parte applications in general, see Queens County Supreme Court SmartRules™ procedural guide: EX PARTE MOTION. First, it is important to understand the legal basis for obtaining an order of protection in New York. Learn how to secure one and modify an existing order. If you're the person who obtained the temporary order, you can contact the court and ask for it to be terminated before the expiration date.

Sample Motion For Temporary Restraining Order In Queens

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FAQ

What is a motion for temporary injunction?

What information do you need to put a restraining order on someone?

What is the difference between a restraining order and an order of protection NY?

What is the burden of proof for order of protection in New York?

What are the grounds for a tro in NY?

How long does a judge have to rule on a motion in New York?

What happens if a judge doesn't rule on a motion?

What is the standard for a TRO in New York State?

How long does a judge have to answer a motion?

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