Ex Parte Motion Forms

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Commonly Asked Questions about Ex Parte Motion Forms

How do you write an ex parte?

The ex parte application explains to the Court what you are asking the Court to do and why the Court needs to act on an emergency basis. In your application, you must state that you contacted all the opposing attorneys (or unrepresented parties) and notified them that you would be filing an ex parte application.

What is an example of an ex parte motion?

Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding.

What happens if the petitioner violates a restraining order in New York?

Essentially, violating a New York restraining order can result in contempt of the court. When an individual intentionally disobeys a court order, they will be charged with criminal contempt in the second degree. This is a Class A misdemeanor, which is punishable by a maximum of one year in jail and a fine of $1,000.

How long does a restraining order last in New York?

The order typically remains in effect for a year. In some circumstances, it can last up to five years. On the other hand, the court may determine a permanent order is unnecessary if you prove your innocence or there is a lack of evidence.

What is an ex parte restraining order in NY?

New York City ex parte restraining orders or orders of protection are orders issued by a judge while the defendant is not present in court. Ex parte restraining orders can sometimes be the result of harassment offenses, stalking, assault, and sometimes even domestic violence offenses.

What is an ex parte order to show cause in NY?

ORDERS TO SHOW CAUSE; EX PARTE ORDERS No order to show cause shall be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why proceeding other than by notice of motion is necessary. The affidavit also must state whether a previous application for similar relief has been made.

What does ex parte motion mean?

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.