Temporary Order Or Interim Order

Question: how fast can you become legally seperated in the state of NY if you have a temporary order of protection? I have a temporary order of protection against my husband and i want to file for legal seperation, how long does this take and how much does this cost? We live in the state of NY.

Answer: you can file immediately, and why not file for a divorce?

Question: Grandparent hands over her temporary custody to father with no court order. Do we need a release form? She had court order temporary custody in Alabama. Now that son lives with father, do we need a court order release form or can she sign a letter saying she handed over custody and get it notarized?

Answer: Both. Like you simply need to place it into the case file, but write me and I'll give you a contact in Alabama to ask. http://dads-house.org/ \\\\\\\\\\\\\\\\\

Question: How does a temporary protection order hearing work? My ex has filled a temporary protection order against me. Her allegations are all false and I have plenty of witnesses and evidenence to back up my story. The problem is that the attorney I had hired suddenly informed me that he can't represent me do to "shedule conflicts" and is not willing to ask for a continuence on my behalf. The hearing is in 3 days and I haven't be able to find an attorney who is willing to take the case and I am afraid that I will be denied a continuence. What can I do? Her accusations has lead to me not having any contact with my children at all. It was my son's b-day last week and I couldn't even tell him happy b-day and that I love him.

Answer: Usually at the beginning of the hearing, the judge will ask if you want to continue without the benefit of legal counsel. All you have to do is say no and the hearing will be continued until you can obtain a lawyer. If you want to handle it before then, call the Courthouse and ask how you would request a continuance.

Question: How do I handle taxes this year with a temporary custody order in place? I am recently divorced. I have a temporary custody order with joint legal custody. I have 136 overnights/year and there are times during the year that I have primary physical custody based on my work schedule. There is no mention in the order about about taxes. I pay the court ordered child support plus half of all daycare expenses. Am I able to claim one of my two children when I file taxes? I can't claim daycare because the daycare provider is a friend of the family, not a licensed provider.

Answer: I'm afraid the answer is no...unless your former spouse elects to give you the dependency exemption for one or both children out of the goodness of her heart. If that happens, the parent relinquishing the dependent (ex-wife) should sign a Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents, provide it to the claiming parent, and thus authorizing you to claim the exemption. The claiming parent (you) would then need to attach the Form 8332 to your tax return. Absent a written release, the general rule is the custodial parent (parent with whom the child lived the longer period of time during the tax year) has the right to claim the dependency exemption, the child tax credit, the earned income credit (if eligible), the credit for child care expenses and to file as head of household. According to your question, that would be your wife as you have the child for 136 out of 365 nights...and she has her the other 229. You wife can claim the day care costs she's paid in 2008 regardless of the whether the provider is formally licensed or not...but that would mean the provider (family) member would be identified on the Form 2441 and would have to report the income and pay taxes on it. Sorry it's not the answer you probably wanted. Good luck!

Question: How do you revoke a temporary custody order? I gave temporary custody of my daughter to my aunt. It was voluntary. Now that I have my life in a good place I can fully take care of my daughter and she wants to be with me. The original custody order took place in NJ and now we all live in Florida. How do I file in NJ? I cannot afford a lawyer.

Answer: If you have established residency in Florida you can file there, but if not you would need to go to New Jersey to pursue the case.~

Question: How do I win a case for a Temporary Restraining Order? I got a temporary restraining order against my psycho exboyfriend and now I have to go to court. He sent me his statement, which is full of lies and trying to turn the tables on me. I have little proof besides statements from my mother and coworkers about his harrassment. He hired a lawyer and I do not have one. Is there anything I can do to strengthen my case or anything I should be aware of? What can he/his lawyer say or do to make me lose the case?

Answer: You need to hire counsel. They are going to turn this whole thing around and make you the psycho ex-girlfriend.

Question: Can I appeal the decision to reverse a temporary custody order? I recently was granted emergency temporary custody of my daughters. Today we had a hearing to determine if the order should stay in effect till the results of the modification, the judge reversed the decision. I am confused because all the evidence was sitting right in front of the judge. Long story short can I appeal this decision?

Answer: Judges do this to help them determine who should get custody during the final order. It is all just temporary, but the judge is trying to see how your ex would do if he had the kids every day. If you really want your kids to be with you most of the time I would follow the order to the letter! And document when he is late with them, when he wouldn't let you talk to them....etc. Document everything and prove why you have the more stable home and are the better place for your children. Oh, and don't trash talk the dad, or purposly try to be difficult that will count against you.

Question: If you have a temporary restraining order against somebody for ten days? and you go to court to extend it as a permanent one, will it eventually expire? What happens if the person you have the temporary restraining order contacted you on the phone during the tro? Should you bring it up in court even if it wasn't threatening this time just manipulative with lot's of fake crying and that sort of thing? Thanks.

Answer: Permanent means it never expires. That doesn't mean you or a judge can put a limit on it. If the TRO was a "no contact" TRO then yes you should let the court know that the person has already violated it.

Question: How can I make sure my temporary restraining order becomes permanent? About 3 weeks ago my sons father who is my ex got served with child support paperwork, We have not been together for 4 years. He got very upset with me, Called me drunk, when he is on probation, and not supposed to be drinking, called me names, and told me I had to drop my Child Care assistance, and My sons medical assistance or else. I was scared that he would come over that night and fight with me, or try to take our son, I have Full physical, and legal custody of him, but I still felt threatened. So the next day I went in and filed for a restraining order, I was granted a temporary restraining order, for him to stay away from me, my son, and my daughter, my home, the kids daycare, and my place of work, I have a hearing on Friday to make the restraing order permanent, Do I just have to tell the judge that I want it to be? Or what should I say, I guess I am just looking for some information to keep my children, and myself safe. He has been in alot of trouble in his life, and I don't want to get him in more, I just want to be left alone, and not to feel threatened, or worry for my son's safety. Thank you.

Answer: when i was going thru something similar, the judge would only give me a temporary order, it would be renewed each time i asked but i never got a permanent one..not that i didnt try... here is some helpful info on a TRO and a PRO check it out:

Question: How do i remove my husband from my lease? I do have a temporary order of protection!? My husband been abusing me,i have police reports from the past.I have domestic violence against him,and order of protection.How can i use this in anyway to remove him from my lease that both of our names are on?As long as hes on my lease i am being charged more for rent,because they are going by his income too.

Answer: i think leases can be amended in special cases like these, especially if you have documented proof. though why does your rent depend on income?

Question: I have to go to court on a hearing on a temporary restraining order I put on my negihbor.? She is harassing me and the granted me the temporary restraining order but now we have to go back next week for the hearing on it. I have various police reports on the matter but I also want to bring in statements from other neighbors. If I bring in a letter from one of them. Does it have to be notarized? And if they cannot come...will a notarized letter be enough?

Answer: Always better, but not necessary.

Question: How do I get a court order for temporary child support and maintenance from my husband without a lawyer? I have a temporary order of protection against my husband but he wont give me any money and took all they money from our account and closed them all. I need to get temporary child support and maintenance until the divorce is settled.

Answer: go to ur local department of children and family services they can get it for u

Question: What happens in court for a temporary restraining order? My cousin and his GF have been living together for years now. There was an incident between them that caused the GF to place a temporary restraining order against him (domestic abuse) and a court date has been scheduled. What will happen in court? will he need a lawyer? could he be arrested? can the GF say... "its ok now, I want him living with me again? or is totally up the judge??

Answer: I don't know what state they're in, but here's what happens in Pennsylvania: You show up for court, and you can negotiate a settlement before your hearing. E.g. he agrees not to contact or harass her for a length of time, and she typically agrees not to allege any specific findings of abuse. If you agree, the judge will review it and typically sign it. If you can't negotiate a settlement, you go before the judge. She testifies before him, you (or your lawyer) can cross examine her. Then, you get an opportunity to testify. The judge then either finds abuse or not. If he does, he will likely grant the order for up to three years. The woman can drop the complaint if she so chooses, or can withdraw it at any time after it's been granted. He can only be arrested if he violates the order. I would recommend he get a lawyer. If he's broke, tell him to go to Legal Aid; they will represent him for free. Regardless, tell him NOT to contact her in any way prior to the hearing, or he may go to jail, and the incident will be used against him in the hearing.

Question: can a court in another county carry out a temporary restraining order for a business located in another county? if a business is located in one county but someone files a temporary restraining order to shut you down in a court that is located in another county, can that be done?

Answer: Possibly. Courts often have jurisdiction over cases involving multiple counties. Without a lot more information, it's impossible to say for sure.

Question: what can you do if your attorney allowed untrue damaging language into a temporary order? what course can you take if your attorney allowed language to be entered into a temporary order that impairs the clients case. example : language that states mother is an immanent danger to child's emotional development and education when no such evidence was entered or testified to in court. what can you do if your attorney made you sign the order before changes were made then you find out the language was left in the order that you signed before it was changed or entered into record without your actual consent

Answer: Inform the lawyer the information was entered wrong and know in the future not to sign the item before the things are fixed. The lawyer may have forgotten since you signed the form.

Question: How can I get a temporary child custody order without an attorney? Going through an ugly divorce. Can I get a temporary child custody order without an attorney and how?

Answer: File a petition in court and prove that you are entitled to have custody of your child. Present documents showing financial capability and right to care for the child.

Question: will an unserved temporary restraining order show in background check done in california? someone (a former friend) took out a temporary restraining order on me, but it was not served to me since i was not in the country at the time . this happened in the state of California. my question is now i have to do a background check for immigration purpose in California. i need someone with solid knowledge in this, if they can let me know if the above restraining order would show up in the background check. if someone can let me know on this. thanks

Answer: Case numbers are printed on temporary orders when filed with the court clerk's office. BUT if the temporary order - which generally expires in 7-14 days - cannot be served to the respondent [you] it is vacated. A vacated judgment makes the temporary order legally void. Your former friend would have to re-file, pay the court fee again, and again attempt to have you served. If you were able to dodge the process server then the process repeats until a judge refuses to grant another temporary order. It only goes into the court database if the petitioner can serve notice to the respondent and a hearing date is set for the court to consider a permanent restraining order. Even if you were served and had gone to court immigration would focus on whether or not a judge found cause to grant the order or dismissed it for lack of evidence. People often misuse the court system and restraining orders attempting to get revenge on others so it does not mean you are guilty. I wouldn't mention it to INS. Honestly, they're more concerned about whether you have a _criminal_ background and restraining orders are civil records - not criminal.

Question: How long does a temporary restraining order last? My friend and her boyfriend had temporary restraining orders placed on both of them to stay away from each other. This was 2 or 3 years ago. Anyway they have gotten back together and he hits her and she wont call the cops because she's afraid she will get arrested too if she calls the cops. And can she call the cops on him even if she doesnt have any bruises or anything, or will they both get arrested

Answer: This is how it works in the county I live in. Temporary restraining orders are typically only good for 15 days. To make a temporary restraining order permanent or to extend it's validity you must go back to court. Again this is how it works where I live.

Question: Is it normal for someone to file a temporary restraining order in a divorce? I recently found out that my friend's ex-wife filed a temporary restraining order against him when she filed for divorce. Is this normal for someone to do in a divorce/custody situation?

Answer: Some temp orders have restrictions like no contact unless it's about the kids or something like that... I wouldn't say it is normal, but I wouldn't say it is abnormal either. I work in the system, if it's temporary it may just be untilthings get settled and there is some sort of permanent order in place or if they have property issues that might come up... that's just a guess though. Depends on the person filing - there should be reasons listed on the complaint she filed in order to get the Order. That would tell you what you need to know.

Question: Is a Temporary Restraining order still valid if both parties haven't beenserved? The police came out to my house and gave me a copy of the Restraining order but not my husband,is the TROrder still valid?

Answer: Yes for you. Yes, when you husband is served. You may have a duty to notify your husband of the TRO since you are both in the same household.