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Utah Motion For Temporary Restraining Order and Order To Show Cause

State:
Utah
Control #:
UT-KS-292-05
Format:
PDF
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Description Utah Temporary Restraining Order

A04 Motion For Temporary Restraining Order and Order To Show Cause
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FAQ

An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.

It's basically an order directing a party to appear in court and explain why that party took (or failed to take) some action, or why the court should or should not grant the requested relief.The main objective of the show cause hearing is to get the party who is not following the court's order to do so.

Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.

It's much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It's very much like a trial.

Motions for temporary relief are granted (or denied) after a hearing. In order to give all parties adequate notice of a hearing, the hearing cannot take place until at least fourteen days after the motion is filed. As a practical matter, it may take even longer to get on the docket to be heard.

A response to an order to show cause typically requires you to show up in-person to the hearing. You can provide an answer to the order and state why you object to the order being issued.

A motion is the standard way to seek certain forms of relief from a court. An Order to Show Cause is often a quicker way to seek the same relief. It usually has some provision which directs you to do something or to refrain from doing something...

You have the right to attend the final restraining order hearing to defend yourself against the other party's allegations before a final restraining order can be issued against you.At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.

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Utah Motion For Temporary Restraining Order and Order To Show Cause