what can a lawyer ask for from the petitioner

The petitioner is the victim of an alleged crime, such as domestic violence, domestic battery, sexual assault, or stalking. The petitioner can request a civil or criminal order of protection, depending on whether they intend to press charges for the alleged abuse.

Full Answer

How to petition the court without an attorney?

How to Petition the Court Without an Attorney. It's important to note that any case that is heard in a court of law is received as a petition first. To petition the court, you must obtain the appropriate form and request a court date or hearing. By filing the form, you are "petitioning" the court to hear the case.

What do I need to file a petition with the court?

Provide a Social Security card and photo ID when asked by the court clerk. You must provide proof of identity to file any petition with a court or to request a trial.

What do you need to know about drafting 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 a petitioner in a civil case?

What Is a Petitioner? In civil cases, the petitioner is the party that instigates the legal action. For example, in a divorce case, the petitioner is the spouse filing for divorce. The person who instigates a legal action must file a petition that lays out the grounds for the lawsuit.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

Is the petitioner the one who sues?

"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.

What is the plaintiff usually seeking?

The Process A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation.

What does a petitioner do?

A petitioner is a person who presents or signs a petition. A petitioner is a person who brings a legal case to a court of law. The judge awarded the costs of the case to the petitioners.

What happens if the petitioner does not show up for court?

In many cases, this results in a default judgment against the defendant. But under no circumstance the person should avoid appearing before the Court, in the event if the person summoned fails to appear before the Court, the Court may hold the person in contempt and/or issue Warrant against such person.

Can you go to jail for a civil lawsuit?

A business or agency can also file a case in civil court or be sued in civil court. If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case.

What is the usual result of a settlement?

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

Which burden of proof is the highest standard of proof in civil law?

"Beyond a reasonable doubt" is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. (In re Winship, 397 U.S. 358, 364 (1970).)

Who brings a claim in a civil case?

- Plaintiff - a person bringing the action in the court. - Defendant - the person being sued. - Plaintiff has the burden of proving his/her case.

Is it better to be the petitioner or the respondent in a divorce?

There is no advantage or disadvantage to being either the petitioner or respondent. They are simply terms to make it easier to refer to each party during the divorce process.

What is the difference between appeal and petition?

In an appeal, you are asking for redress or reconsideration of a decision by a court of jurisdiction. A petition is request for a court to make a separate, i.e. original judgement regarding an issue. A petition would be more an administrative request.

What does petitioner mean in law?

The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings.

What is a petitioner in civil cases?

In civil cases, the petitioner is the party that instigates the legal action. For example, in a divorce case, the petitioner is the spouse filing for divorce. The person who instigates a legal action must file a petition that lays out the grounds for the lawsuit. It describes the petitioner’s version of the facts and the damages she suffered as ...

Who is the petitioner in a lower court case?

The party appealing the judgment of the lower court is the petitioner and the party that prevailed at the lower court is the respondent, regardless of who filed the initial case. For example, if a defendant is convicted of a crime at trial and appeals the conviction, the defendant will become the petitioner in the appellate court case, ...

What is an appellate brief?

In an appellate case, the petitioner must file a petition to appeal and an appellate brief if the petition is granted. A petition to appeal typically states that the law was incorrectly applied in the initial case. The respondent must file a response to the petition within a designated amount of time.

What to expect at a restraining order hearing?

What Can You Expect at a Restraining Order Hearing? Legal Forms to File for Defamation of Character. When it comes to court cases, there are legal terms of art for the person who instigates a lawsuit and for the person who is on the opposing side. The main parties involved in a legal action are known as the petitioner and the respondent.

How long does it take to respond to a lawsuit?

In many cases, the respondent has only 30 days or less to respond to the petition.

What are the main parties involved in a legal action?

The main parties involved in a legal action are known as the petitioner and the respondent. Each has court paperwork to submit and procedures to follow. What is required of each party depends on the type of proceeding.

Who must file a response to a petition?

The respondent must file a response to the petition within a designated amount of time. If both the petitioner and the respondent file appeals, they may both be regarded as petitioners. The first party to file an appeal would be the petitioner, and the second party to file an appeal would be the cross-petitioner.

What is the petition to divorce?

The petition to divorce paperwork has various checkboxes that require either a confirm or deny answer. The spaces provided to explain the position are important to help with the various problems in the divorce process. Some spouses may have a spot for primary custody for children and the answer may need some clarification such as a denial to seek joint custody or to reverse that and seek sole custody against the spouse. The lawyer can help the client answer the information with the proper verbiage or understand what words to use. This will remove confusion and assist the spouse to seek what he or she wants.

Why do I need a lawyer for divorce?

Hiring a lawyer when initiating a divorce or needing to answer the divorce petition is important to most spouses. Answering the document correctly and to the best position of the individual is crucial in seeking what the client wants and protecting his or her rights with children, support and assets from the marriage.

What happens if my spouse doesn't answer the divorce petition?

When the spouse has no divorce lawyer and answers the petition or does not answer the document, he or she could face a default answer. Without knowing how to answer certain questions, the respondent may provide a paper that has fewer checks than it should. The default will proceed in the case and could remove the right to argue certain points about the item completely. Without a lawyer, this is possible and some spouses face this problem before seeking to reverse it through legal processes.

What is the process of mediation in divorce?

However, in mediation or arbitration, it is often necessary to have a discussion or an open dialogue about the specific divorce concerns and arguments. This could include division of property, child custody, spousal or child support and what assets or liabilities may exist from the marriage. In any of these methods, both parties will usually have a lawyer to work through the arguments, complications that may arise and to reach an amicable end or resolution.

What is a petitioner in a case?

The petitioner in an order of protection case is the person requesting a protective order from the court. The petitioner is the victim of an alleged crime, such as domestic violence, domestic battery, sexual assault, or stalking. The petitioner can request a civil or criminal order of protection, depending on whether they intend to press charges ...

What can an attorney do for you?

Your attorney can represent you in court, and advocate for your needs. Both the petitioner and the respondent face different difficulties in the order of protection process. This legal process is not simple, but your lawyer can help you sort through the necessary procedures.

What to do if you have been accused of domestic violence?

Whether you are a domestic violence victim, or have been accused of domestic violence, it is important to contact an attorney for an order of protection case. These cases are very fact-specific, and it takes an experienced attorney to sort through the complexities involved. Your attorney can represent you in court, and advocate for your needs. ...

Can a petitioner file a civil or criminal case?

The petitioner can request a civil or criminal order of protection, depending on whether they intend to press charges for the alleged abuse. It is the petitioner’s decision to initiate the case, and what type of order of protection to pursue.

Can a judge issue an emergency order without the respondent present?

While a judge can issue short-term emergency orders of protection without the respondent present, the respondent is entitled to notice the order was granted. However, respondents are entitled to a hearing for more long lasting orders of protection. At this hearing, your attorney can defend you against allegations of abuse.