lawyer who can file a motion to set aside a protective order based on new evidence

Do you have to file a motion for protective order?

Unfortunately, in many cases like the above scenario, you are going to have to file a motion for protective order. II. BRING THE MOTION PROMPTLY You must bring the motion promptly and before the 30-day within which to respond to the written discovery, because otherwise the grounds for objection may be waived.

Can I set aside a Family Law Order without a lawyer?

You can use these reasons to set aside most family law orders or judgments (for example, an order or judgment in your divorce or parentage case). For these situations, the fact that you do not have a lawyer is not an excuse for making a mistake.

What is the second step of a protective order?

The second step is a full order of protection, during which both parties have the right to speak to the judge and make their cases known. Based on the evidence and the threat, the judge will decide the extent of the protective order and issue the final version.

When to use a protective order in a discovery case?

For example, when a party is using “discovery” as a means to get access to trade secrets or confidential information, the protective order will help tone down a potentially unreasonable request. However, the courts are also mindful of the fact that the use of the motion for protective order, in of itself, can be abusive.

How do I dissolve a restraining order in California?

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

Can a restraining order be expunged in California?

Also note that a person may be able to expunge a conviction for violating a restraining order. Penal Code 1203.4 PC is California's law on “expungement” of criminal convictions. An expungement (also known as a “dismissal“) releases an individual from the negative consequences of a conviction for most purposes.

Can you appeal a restraining order in California?

Can you appeal a restraining order in California? Restraining orders can be appealed in California, but the appeal process varies based on the severity of the restraining order. The deadline to file a notice of appeal changes based on the type of civil case the restraining order would fall into.

What happens if the victim violates the order of protection in NC?

Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

How do you lift a restraining order?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

How do you get an injunction dropped?

How do I get an injunction dismissed? After an injunction is granted, the respondent can file a motion to dismiss based on a change in circumstances. In other words, you must prove that the situation surrounding the injunction no longer exists and that keeping the mandate would be detrimental to both parties.

How do I appeal a denied restraining order in California?

If you were denied a final protection order, you have the right to appeal your case to the circuit court. The appeal must be filed at the circuit court clerk's office within ten days from the judge's denial of the order. A Circuit Court hearing on the appeal will be held within ten days of the date the appeal is filed.

How do I defend myself against a restraining order in California?

How to Successfully Defend Against a Restraining Order in...Consider Hiring an Attorney. ... Prepare Your Evidence in an Organized Fashion. ... Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. ... Be Mindful of Proof of Service. ... Do Not Underestimate the Burden of Proof.

How long do you have to appeal a restraining order in California?

Under the California Rules of Court, a Notice of Appeal for a Domestic Violence Restraining Order Must be Filed Within 60 Days After Entry of Judgment, or Within 180 Days if Service was Not Proper.

Are restraining orders public record in NC?

It is also important to note that even though protective orders do not show up on criminal records, court proceedings and petitions are a matter of public record, so someone looking into the matter could potentially discover it.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

What happens if you break a DVPO?

Whilst DVPNs and DVPOs are dealt with before the criminal courts they are actually civil proceedings. However, breach of a DVPO is a criminal offence and can result in a prison sentence of up to 2 months.

How to set aside a family law order?

How to Set Aside (Cancel) a Family Law Order. To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.”. The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on ...

What happens if you don't file a set aside order?

If you do not have a good legal reason to file a request for order to set aside and you do it anyway, the judge may order you to pay the other party’s ’s lawyer fees and costs to respond to your request for order.

How long does it take to file a judgment for set aside?

You must file the request for order to set aside within 1 year after the entry of judgment. Click to learn how to file a request for order to set aside.

How long do you have to file a set aside order?

You must file a request for order to set aside under this law within a reasonable time—BUT there are strict deadlines: You must file the request for order to set aside within 2 years after the date when the default judgment was entered against you.

What does "set aside" mean in court?

The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue. When you ask the judge to cancel a court order, the judge will make the decision to cancel it (or not) based on your request, the other side’s response, and the law. Keep in mind that we will use ...

Is a request for order to set aside the same as an appeal?

Important: Keep in mind that a request for order to set aside is not the same as an appeal or a request for reconsideration. Those 2 procedures have different legal requirements and deadlines. It is important you do not confuse them because you may miss a deadline if you use the wrong procedure for your situation.

Can a judge cancel a judgment?

A request to set aside an order is complicated. And the law only allows a judge to set aside to set aside (cancel) a judgment or court order in very few situations. You have to tell the judge what law applies to the facts of your case, and why you think your situation fits the law.

What is a motion for a directed verdict?

Another motion that shares features with a motion for summary judgment and a motion to dismiss, a motion for a directed verdict is one whereby one party (in this case, the defense) asks the court to end the case. A motion for a directed verdict is made by the defense after the prosecution has already rested its case.

What is a motion to compel discovery?

A number of different motions can be used to ensure that both sides are able to handle the discovery process to the best of their abilities. If the other party fails to respond to a request for information, for example, then a motion to compel discovery of that information could force that party to provide a response.

What is a motion for nolle prosequi?

This motion is often filed if new evidence has come to light either proving the defendant’s innocence or exposing a serious flaw in the prosecution’s case. A motion for nolle prosequi is basically the prosecution asking that the judge throw out the case because the defendant is either innocent or there is clearly not enough evidence to lead to a conviction.

Why do we use motions to compel?

As noted above, motions to compel can be used during the discovery process to ensure that both parties have full access to the facts of the case. For example, if the plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions.

Why is a motion to dismiss important?

procedural law. The moving party in such a case may concede that the facts of the case are true, but that the case should nonetheless be dismissed because there is no legal issue presented in those facts that the court can rule on.

How many types of motions are there?

Eleven Types of Legal Motions in U.S. Law. For a court to take most actions on an issue that is in dispute, either party in a case must ask the court to decide on that issue. When a plaintiff, prosecutor, or defendant asks the court or judge to rule on a specific issue, that request is known as a motion. Legal motions are one of the most common ...

What is a motion for summary judgment?

Motion for summary judgment. A motion for summary judgment is perhaps the most frequently made motion. While not always available in all cases, the motion for summary judgment is made before the trial begins. This motion asks the judge to make a decision on the case without going to trial. Such a motion can only occur if none of the facts ...

How does an order of protection work?

As the order of protection is issued by a judge, its job is to declare these abusive actions illegal in a way that means violation of the order can result in arrest and jail time. The idea is that attaching penalties to the abusive behavior will prevent that individual from continuing with the abuse. An order of protection and a restraining order are very similar. Although they aren’t identical, they both try to stop harmful actions from occurring through a legal order.#N#Read More: How to Remove an Order of Protection

What happens if a person asks for a protective order to be vacated?

If the individual who initially filed for protection asks for the order of protection to be vacated, she is often asked to confirm that she isn’t being coerced or threatened into dissolving the protective order. If she agrees that she is no longer in danger, the judge will often declare the order vacated if he feels the reasons to dismiss a restraining order are valid.

How are restraining orders and orders of protection similar?

Although they aren’t identical, they both try to stop harmful actions from occurring through a legal order. Orders of protection can cover a range of activity, including: Telling an individual to stop abusing his spouse , relative, friend or children .

What is a temporary order of protection?

This is a temporary document meant to address immediate danger while the suspected abuser is served notice of the filing. The second step is a full order of protection, during which both parties have the right to speak to the judge and make their cases known. Based on the evidence and the threat, the judge will decide the extent ...

What is an order of protection?

An order of protection is a court document issued to stop one person from behaving in a certain way to another person. These orders are used mostly to protect individuals in abusive relationships of any kind, whether familial or romantic.

What is the first step in divorce?

Ordering the individual to leave the home. Deciding the extent of shared custody to be allowed. Ordering an individual to pay certain shared expenses. The first step is called an ex parte ...

Can a protective order be dropped?

In some cases, the accused individual may feel that the terms are too restrictive, and he may decide to petition for the protective order to be altered or dropped . In other cases, the individuals are able to work things out, and the protected individual will petition for the court order to be vacated, or dismissed.

Motion For Protective Order

Definition

Deposition

Statutes

Objective

Show of Good Cause

Privileges

• A court will grant a motion for protective order and limit or block depositions when a party demonstrates “good cause”. Some of the common arguments invoked by the moving party is that the information requested by the opposing party is protected by a legal privilege, such as: 1. Attorney-client privilege 2. Clergy-penitent privilege 3. Doctor-patie...

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