how to obtain a court order without a lawyer in california

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 and why it is justified and necessary.

Full Answer

Can a person get a court order without a lawsuit?

You should consider getting help from a lawyer before you file any of your court forms. If you cannot afford to hire a private attorney, you should know that each California court has hired an attorney to give free help with child, spousal and partner support problems. These attorneys are called Family Law Facilitators.

Do I need an attorney to get 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.

How do I start a legal case without an attorney?

 · 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 …

How to get a court order in a civil case?

 · Your attorney can submit the proposed Court Order to the Court along with a line explaining that the other attorney refuses to return phone calls or emails and refuses to sign …

What is a Request for order in California?

The “law and motion” practice in California family law cases is conducted through a motion called a “Request for Order” or RFO. This means that whenever a family law litigant wishes to ask the court to make any temporary orders, or any post-judgment orders, they will file a motion. A motion then sets a hearing date.

How long does a court order take to get?

To reach a final decision the proceedings can take around 26 weeks, sometimes longer (with the agreement of the presiding Judge).

Can I get a court order without a solicitor?

You do not need a solicitor or legal representation to make or obtain an order. However, particularly for family law orders, this is often advised, as the forms and procedure can be quite complicated.

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.

Who provides a court order?

judgeA 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.

What type of court orders are there?

The Different Types of Court OrdersSection 8 Orders. ... Residence Orders. ... Contact Order. ... Specific issue Order. ... Prohibited Steps Order. ... Local Authority Intervention. ... Emergency Protection Order. ... Supervision Order.More items...•

Can a non lawyer represent you in court?

Non-lawyers in courts. 1) When non-lawyers may appear in court: GENERAL RULE: Those licensed to practice law are only those allowed to appear in court. a) Civil cases: self-representation is generally allowed.

Can the police enforce a contact order?

Unfortunately, it is not at all unusual for the police to become involved in contact disputes, especially where there are problems when the children are (or are supposed to be) handed over from one parent to the other.

What is a Section 8 order?

Child Arrangements Orders - section 8 Children Act 1989. These orders decide who the child is to live with or spend time with, and can be granted to more than one person whether they live together or not.

What is the Request for order?

A Request for Order (RFO) is used in the family court to request a hearing. The hearing is to ask the judge to grant specific relief. An RFO is the same as an Order to Show Cause, which continues to be used by some courts. The family court merely changed the name from Order to Show Cause to a Request for Order.

How do I get an ex parte order in California?

Opposing a Request for Emergency Custody Orders In order to be granted an ex parte or emergency custody order, a parent will need to prove the temporary, emergency order is necessary to safeguard the health or wellbeing of the child.

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).

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.

Where do family court orders come from?

Family court orders are almost always from the family court in the state where the parties reside. If a child is involved, the action is usually filed in the state where the child lives. Matters that deal with “family issues,” are almost never filed in federal court.

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.

Who can file for paternity in court?

In most cases, the only people who can file in court to establish paternity are the child, the child’s mother, and the alleged father.

Who can file a complaint to establish paternity?

In most cases, the only people who can file in court to establish paternity are the child, the child’s mother, and the alleged father.

How 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. However, if the alleged father does not admit to paternity, you may need a court order. [8]

What is the document called when you file a lawsuit?

After you determine which court you should file your lawsuit in, you should begin to prepare your “complaint.”. To sue someone, you must prepare a document called a complaint that you will file with the court. The complaint includes the grounds or cause of action for your lawsuit.

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.

How to classify a family court order?

Another way to classify family court orders is by assessing what action they are trying to have performed or stopped. A court order that gives directions to a person regarding their physical presence can be either temporary or permanent. For example, the emergency protective court orders mentioned above are one way in which a family court can direct where a person can or cannot be.

What is an order that is meant to last longer?

Orders that are meant to last longer are put in writing and usually issued at the end of legal proceedings. These types of orders must be supported by evidence that is presented at a court hearing; they are not meant to be issued under emergency circumstances.

What is a temporary order?

Again, temporary orders are meant to have effect for a short time only. The idea is that a temporary order is provisional and lasts only until a full hearing or trial of an issue can be completed. One order that is common in family law cases is the Temporary Restraining Order, or TRO.

Can a judge order temporary child support?

In connection with awarding temporary custody, a judge might order one parent to pay child support on a temporary basis while the support issue is being heard and decided by the court. At the conclusion of the court proceeding regarding custody and child support, then the judge would issue permanent orders regarding child custody and child support.

What are some examples of court orders?

For example, a judge might issue an order awarding temporary custody of a child that is meant to be in force only until a custody hearing can be completed and the judge can issue a permanent order regarding custody.

What is the second category of court order?

The second category involves whether the court order assigns duties and responsibilities to people named in the order or whether it attempts to control a family member’s physical location. Some court order examples would be temporary orders made before court hearings can be held to deal with pressing issues.

1 attorney answer

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. Good luck.

Zachariah Benjamin Parry

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. Good luck.

3 attorney answers

You shoudl really speak directly to your attorney about this. They are a professional and you're paying them, so they should be able to give you answers better than this forum can.

Michael Brendan McCarthy

Your attorney can submit the proposed Court Order to the Court along with a line explaining that the other attorney refuses to return phone calls or emails and refuses to sign the Court Order. The judge can then sign the Court Order without the other attorney's signature and get it filed and entered on the docket. This is a very simple procedure.

David Raymond Mahood

Your attorney can submit the draft order he has and file a line with the draft order explain the efforts he made to get the other sides signature to no avail.

How to file a motion in court without an attorney?

Before filing a motion in court without an attorney, check the court's website for a fill-in-the-blank form. If they don't offer blank forms, you'll have to draft your own. Once drafted, make 2-3 copies of your motion and supporting materials.

How to schedule a hearing in the court?

If your court has a special method of scheduling motions, then the clerk will let you know. Once your hearing is scheduled, fill in the blanks on the original and all copies of the Notice of Hearing.

How to add a certificate of service to a motion?

Add a Certificate of Service. You must always notify the other party of any motion that you file, and you must certify that you have served them with a copy of the motion. Two lines beneath the notary block, center the words "Certificate of Service" in bold.

What does a notary certification block look like?

An acceptable notary certification block might look like this: “I, ______, a Notary Public for the [insert county name] for [insert state] do hereby certify that __________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the __ day of ___ 20___.” Then include a line for the Notary’s signature and a line for the date the Notary’s commission expires.

What is the standard for a motion for summary judgment?

For example, to file a motion for summary judgment, you need to state the summary judgment standard first: "A party is entitled to summary judgment if 'there is no genuine issue as to a material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56 (c)."

How to make a legal argument?

To make a legal argument, you need to state the legal rule and then explain how the facts you just listed apply to the legal rule.

Where to insert Notice of Hearing?

If you can't find it on your court's website, then insert "Notice of Hearing" about two lines below the Certificate of Service, in the center of the page.

What goes in a court petition?

What Goes in a 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.

What is the opening document of a divorce?

However, a petition can also serve as the opening document in a divorce, bankruptcy or probate filing. A complaint contains an outline of the facts of the case. It usually must be accompanied by a summons, notifying the defendant of when the response is due. Together these opening case documents provide the defendant with notice of the lawsuit.

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 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 ...

Can a person file a complaint without an attorney?

A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

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 ...

Can a lay person fill out a court form?

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.

What is a court order based on?

In some cases, however, a judge will make a decision based solely on the petition, complaint, or motion, and any answer filed by the respondent. In either case, the court order will be in writing and entered into the official court records.

Who decides whether to issue a court order?

A judge must decide whether to issue 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 is the purpose of 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 happens if a judge finds in favor of a petitioner's motion?

If the judge finds in favor of the petitioner's motion, then an order will be entered to that effect. A hearing is frequently required to get a court order. At the hearing, the judge will allow both sides the opportunity to present evidence and make arguments in favor of, or in opposition to, the requested order.

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 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 can a judge sign?

A judge can sign a court order to get someone to do something or refrain from doing something related to a legal case. To get a court order for things such as a no contact order, a name change, a release of seized property or custody, the person requesting the order usually files a petition.