how to obtain a court order without a lawyer

• If you have an attorney, he or she will write and file your complaint.
• If you do not have an attorney, you can look online to see what a complaint for your type of case looks like, or call the court where you will file and ask if there is a special form complaint that you can use.

Full Answer

Can a person get a court order without a lawsuit?

Aug 16, 2014 · Reveal number Private message Posted on Aug 19, 2014 Yes. You have to do the same thing an attorney would do, which is not easy if you aren't familiar with the courts. However, there are a lot of resources available to people representing themselves. Go down to the courthouse and ask someone for help. They'll point you where you need to go.

Do you need an attorney to get a court order?

Apr 14, 2020 · The steps below show how a request is filed for a court order. Initiate a court proceeding; Before the court can issue any type of order, there must be an open case in the court. Most of the time, court orders are part of a divorce, child custody hearing or other domestic proceeding. File a motion; A motion is a brief explaining to the judge the type of order …

What to do if you have a case without an attorney?

If a person wants to obtain a court order and has not initiated a case, the person needs to file a lawsuit. Then a motion seeking an order must be filed. A motion is a legal document that is essentially a brief explanation for the judge of the type of …

How to get a court order in a civil case?

Apr 09, 2009 · The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney. This is easiest in states that offer assistance and instructions for individuals filing on their own.

How many days do you have to serve a request for order in California?

A Responsive Declaration to the Request for Order must be filed and served with any supporting documents within 9 Calendar days of the hearing.

How do I get a court order NZ?

How to apply for an OrderFill in one of these forms: For a Parenting Order, fill in Parenting Order . ... Choose whether you're applying on notice or without notice. Choose without notice if violence is involved. ... File your application. You can do this yourself or ask a lawyer to do it for you.

How do I get a court order in South Africa?

The procedure to apply for a protection order is as follows:The complainant must make an affidavit and complete an application form at a police station. ... Supporting affidavits by persons who have knowledge of the matter in question, may accompany the application.More items...

What is a consent order NZ?

If you want to, you and your ex-partner can ask the Family Court to make your parenting plan into a Consent Order. To make the Order, the judge must be satisfied that you both made the agreement willingly. ... If one of you doesn't do what you've agreed, the Family Court can make the person pay a bond or compensation.

How does a court order work?

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.

How long does it take to get a court order in South Africa?

Delivery of orders are subject to availability and receipt of payment, requests will be processed within 2 business days and delivery confirmed by way of email. All domestic deliveries are fulfilled by Fastway South Africa.

How long does it take to apply for a court order?

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.Jan 13, 2021

How do I apply for a court interdict in South Africa?

How to obtain a domestic protection order (interdict)Step 1: Go to your nearest Magistrate's Court. The Magistrate's Court has the power to grant you a domestic protection order. ... Step 2: Fill in the forms. The court will give you forms to complete.

What is a court order?

Article Summary X. A court order is a decision made by a judge that instructs an individual or business what to do in a certain situation. Court orders can be issued in civil cases and family law cases. Civil court is when people sue each other to collect money damages.

How to get a civil order?

To get a civil order, you must first file a civil lawsuit. There are many types of civil lawsuits, including: personal injury lawsuits, defamation lawsuits, breach of contract lawsuits, medical malpractice lawsuits, and. slip and fall lawsuits.

Why do you need to establish paternity?

Additionally, paternity must be established in order to handle issues such as child support, and even custody and visitation. In many cases, paternity can be established without a court order if both the mother of the child and the alleged father agree on paternity.

What is civil court?

Civil court is where people sue each other to collect money damages. Unlike criminal court, losing a civil lawsuit does not result in any jail time. If you want a court to award you money from someone else because you think that they have wronged you in some way, you will need a civil court order. To get a civil order, you must first file ...

Where do you file a civil case?

In the United States, you will file your civil case in either state or federal court. Generally, you should file a case that deals with a state law in state court. The majority of civil cases, including personal injury cases, landlord-tenant cases, and breach of contract are based on state law.

What is a no fault divorce?

All states allow a “no-fault” divorce, which is a divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong.

How to get a restraining order?

To get a restraining order, you must get the proper forms from the courthouse. Visit the courthouse in your county, the other party's county, or the county where the abuse took place, and ask the clerk for a request form for the type of restraining order you wish to file.

How to get a court order?

How Do You Obtain a Court Order? 1 Initiate a court proceeding 2 #N#Before the court can issue any type of order, there must be an open case in the court. Most of the time, court orders are part of a divorce, child custody hearing or other domestic proceeding.#N# 3 File a motion 4 #N#A motion is a brief explaining to the judge the type of order requested and why it is necessary.#N# 5 Provide evidence 6 #N#In order to obtain the court order, evidence must be produced as part of the motion to support the claimants case as to why the order is necessary.

What is a motion in court?

A motion is a brief explaining to the judge the type of order requested and why it is necessary. In order to obtain the court order, evidence must be produced as part of the motion to support the claimants case as to why the order is necessary.

How to obtain a court order?

To obtain a court order, an open case must be pending in a court. If a person wants to obtain a court order and has not initiated a case, the person needs to file a lawsuit. Then a motion seeking an order must be filed. A motion is a legal document that is essentially a brief explanation for the judge of the type of order requested ...

What is a court order?

A court order is a directive issued by a judge that instructs a person to either perform some identified action or to refrain from doing so. They are used in a wide variety of legal situations in both civil and criminal court proceedings. The average person is most likely to deal with court orders in a family law setting.

What is a restraining order?

For example, a restraining order is an order issued by a judge that directs a person to refrain from some conduct that threatens harm to the person who has requested the order. Sometimes called a “protective order”, it directs the person named in ...

How long does a temporary court order last?

Usually, if the court order is temporary, it lasts only until the date on which a full hearing on the motion is held. If the case goes in the favor of the person requesting the order, the judge would then issue a permanent order. Violation of a court order can result in a penalty.

What is protective order?

Sometimes called a “protective order”, it directs the person named in the order to stay a certain distance away from the person seeking the order. If the person named in the order violates it, they can be arrested and charged with a crime.

What is a subpoena in court?

A subpoena is a kind of court order, however any lawyer can issue one. A subpoena directs a named person to appear in a certain place at a certain time in order to give testimony in connection with an investigation or a legal proceeding.

What is a clerk of the court?

The clerk of the court where a lawsuit is pending; A private attorney who represents one of the parties to a lawsuit; A government attorney, such as a District Attorney or Attorney General.

What should be included in a divorce petition?

If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...

What is a petition in court?

A petition summarizes the circumstances leading to the court case. This means that a complaint must contain the name of the person filing the case and the person or people she is suing. In an injury case, for example, it must contain the basic facts that led to the harm she suffered at the hands of the defendant as well as a statement ...

What is the purpose of a court petition?

Individuals drafting a court petition should keep in mind that the purpose of the document is to advise the other party of the basic facts of the case. In order to do that, a petitioner must include the core facts and dates and must sign and date the petition. For example, if the event at the center of the complaint is an automobile accident, ...

What is a petitioner called?

In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by ...

What is the difference between a complaint and a petition?

What Is the Difference Between a Complaint & a Petition? The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney.

What is a court order?

A court order is a legal document signed by a judge or magistrate that legally obligates someone to do something or refrain from doing something. The process to get a court order varies by jurisdiction, but, in the United States, an individual must first file a petition, complaint, or motion.

What does a judge do in court?

Seconds. A judge must decide whether to issue a court order. A judge can sign a court order to get someone to do something or refrain from doing something related to a legal case. A court order may determine custody of a child in the event that the mother is deemed mentally unstable.

What is a petition in court?

A petition contains the name of the petitioner and respondent, as well as the facts as alleged by the petitioner. At the end of the document, the petitioner must ask the court to order the relief sought. For example, if the petition is for custody, the petition will ask the court to order custody of the child to the petitioner.

What is a complaint in court?

A complaint is used to obtain a court order for situations such as a personal injury case, a landlord - tenant dispute, or breach of contract . A complaint will also contain the name of the parties and the allegations asserted by the petitioner that are intended to convince the judge or magistrate to issue the order requested.

What is a motion to reduce bail?

In a criminal case, a motion to reduce bail or a motion to exclude evidence might be filed by the defendant. In a civil case, the petitioner may file a motion to produce documents or a motion for summary judgment. If the judge finds in favor of the petitioner's motion, then an order will be entered to that effect.

Divorce

Looked at a few of the guides and they were all so helpful, especially the flow charts of what happens. I Didn't realise there were 3 aspects to divorce if you have children. Can't thank you enough.

Great and concise guide

I'd recommend this is as a great high level guide to the court process, so one knows what to expect. Obviously this is not meant to be a substitute to actual legal representation or in simple cases one would still need to do further research to make sure they get the best outcome possible when they represent themselves.

How to apply for Family Court orders - Guide

This guide is super helpful for anyone who doesn't have any experience of the Family court. Everything is explained in a simple and easy way. If you are representing yourself, this book is an excellent reference guide.

Child arrangements and court fees

I received a very quick response which not only was informative but I received extra information that was very helpful.

A big help to find out the way

I'm new in the country and facing Domestic violence from my husband. No money to pay to lawyers, no family around. All information I've got from Advicenow let me feel strong again.

Need more help?

There are lots of organisations who can offer information, advice and support to help you deal with your everyday legal problem. View our directory of helpful organisations.

Who is required to provide a copy of a subpoena?

State rules on civil procedure are different than federal rules of procedure. The party who is requesting the subpoena must usually provide a copy to the court clerk. Some court clerks submit subpoenas to the sheriff directly, while others may leave service to the party requesting the subpoena.

What is a subpoena in court?

A subpoena is an order from the court demanding that someone or something be provided to assist in a case. Lawyers who are licensed in the state usually have the power to issue a subpoena.

What is a subpoena ad testificandum?

A subpoena requiring court testimony is called a subpoena ad testificandum. This type of subpoena may also be used to compel someone to appear at a deposition. Individuals may require subpoenas in order to justify missing work to their employer or because they do not willfully want to involve themselves in the proceedings.

What is a subpoena duces tecum?

A subpoena can also be issued if a party wants a person or organization to provide him or her with certain documents or physical evidence. This type of subpoena is called a subpoena duces tecum. This may be necessary when an individual wants a police department to provide a copy of a police report or other documents.

Can a witness be subpoenaed?

For example, a school principal may be subpoenaed in a family law case or a witness may be subpoenaed in a case involving a motor vehicle accident.

How to get a court order for a divorce?

1. Agree on the terms of your order 2. Fill out your forms 3. Give your partner your forms 4. Get a response from your partner 5. Get your court order. 5. Get your court order. Usually you and your partner don't need to go to court to get your.

What is an endorsement in court?

that sets out any other steps you or your partner have to take. An endorsement is the written directions a judge gives you and your partner that says what you must do or not do.

What does a court clerk do?

court order. . Because you and your partner both agree to the order, the. court clerk. gives your documents to the judge. The judge reviews your documents and makes an order. The court clerk sends a certified copy of the signed order to you and your partner in the stamped envelopes you provided.

Lloyd A. Pont

First, my condolences on the loss of your son. As to how to obtain a court order, in my opinion this could most easily be accomplished in the Probate context so I have moved your question to that forum for further consideration.

Arlene Kline

Do you have access to his computer? Most reset passwords will be sent to email to verify. Have you gone to store where the phone was purchased? Do you have any of this paperwork.#N#This could fall under digital or electronic assets.#N#You won't be able to get a court order unless an action was filed with a court unless...

Bruce Alan Brightwell

You are going to need to open a probate estate, and get the order in that case. You will probably need to hire an attorney.