Divorce or Domestic Relations - This is a sample Motion for Temporary Restraining Order - Ex Parte - that alleges the opposing party has committed violent or harassing acts against the other. The Motion seeks to have the party restrained from such behavior during the pendency of the divorce proceeding and from dissipating marital assets.
Alabama Temporary Ex Parte Restraining Order - From Intimidating Wife or Disposing of Property
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We learned that restraining orders are filed to keep someone from doing something. These are common in divorce cases. We also learned that protective orders are filed to keep someone safe from a dangerous person.
In legal ethics, ex parte refers to improper contact with a party or a judge. Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party's lawyer also being present.
Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.
An Ex Parte Order of Protection is a temporary order granted when a judge believes there is immediate or present danger of abuse to you.An Ex Parte Order of Protection lasts until the hearing for the Full Order of Protection.
A court order that lasts only until the court can hear further evidence. A Temporary Restraining Order (TRO) is a court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction.
A restraining order can be issued by either a criminal or civil court in Alabama. If it is issued by a criminal court, this means that the perpetrator also has criminal charges pending. With a civil court case, you aren't asking that the person be jailed, but rather that they stay away from you and stop the abuse.
An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on your affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days2 and the respondent but be served at least 5 days before that hearing.
A temporary restraining order (TRO) is a legal document issued by a judge before trial that forces or prevents an action for a specified time frame. During court cases that involve trademark infringement or the use of a trade secret, a TRO can halt patent, copyright, or trademark infringement in the short term.
An ex parte order of protection is a temporary measure that can be filed quickly. A full protection order, or restraining order, is granted after a court hearing and lasts for a longer period of time than the ex parte order.