1. Motion and Affidavit for Emergency Ex Parte Order
THIS FORM IS NOT TO BE USED IN PROTECTION FROM ABUSE MATTERS. TO REQUEST A PROTECTION FROM ABUSE EXPARTE ORDER PLEASE USE FORM 654.
A Motion and Affidavit for an Emergency Ex Parte Order is usually forwarded to a Hearing Officer the same day they are filed and can be granted WITHOUT notice
to the opposing party. This extreme form of emergency relief will be
used only in the most extraordinary of cases. In order to request
an Emergency Ex Parte Order, you must sign a Motion and Affidavit stating
that immediate and irreparable harm will result if the request is not
granted and explain what the immediate and irreparable harm is.
You must also file an underlying petition, such as a Petition for custody, in order to file a Motion and Affidavit for Emergency Ex Parte Order. A Hearing Officer will review your Motion and Affidavit and determine whether
an Emergency Ex Parte Order should be granted.
If an Emergency Ex Parte Order is granted, a full hearing must be held within ten days (unless extended by the Court) to provide the opposing party the opportunity to be heard.
2. Motion for Interim (Temporary) Relief
If
you wish to file for temporary relief or a temporary Court Order (i.e. you would like financial relief or temporary custody), you may file a Motion for Interim Relief. "Interim Relief" refers
to a temporary Court Order that would be in place until a full hearing can be
held.
- The difference between a Motion For Interim Relief and a Motion
For An Emergency Ex Parte Order is that the Motion For Interim
Relief will not be granted until the opposing party has been served with
the Motion and given time to respond to it. This may take anywhere from
several days to weeks, depending on how quickly service occurs.
- Your
Motion must contain your specific request for relief and the reasons you
believe this relief should be granted. The Judicial Officer who ultimately
decides your Motion may make a decision on whether to grant interim relief
based upon the documents filed or he or she may require a hearing.
3. Motion for Priority
Scheduling
A
Motion For Priority Scheduling differs from the first two Motions described
in that, rather than asking for some type of temporary relief, it requests
that the full hearing on the matter be held sooner than it would were
the case to go through normal processing and scheduling. As with the Motion
For Interim Relief, a Motion For Priority Scheduling will not be decided
until the opposing party has been served and given an opportunity to file
a response.
In
order to obtain priority scheduling, you must submit an Affidavit indicating
that substantial and irreparable harm will occur if priority scheduling
is not granted.
4. Temporary Visitation Order
A Motion for Interim Visitation may be filed by a parent to request that a visitation schedule be established prior to a hearing. In order to file this Motion, you must simultaneously file a Petition for Custody or a Petition for Visitation or have filed either of these Petitions prior to filing the Motion.
-The court will hold a hearing on this type of Motion. At that hearing, you must prove the following:
- personal jurisdiction has been established over the responding party (your Petition for Custody or Visitation was successfully served): AND
- there is no existing contact schedule;
AND
- you are experiencing less contact with your child(ren) than that which is routinely awarded by the Court.
