Motion For Temporary Orders Without Notice: Fill & Download for Free

I did business litigation, not family law. But on one occasion, I was persuaded by a long-time client in his 60s to help him get a divorce from a woman he had married four times. There were no children, so the only issue really was how the property was to be divided. I really didn’t want to do it, but I did like him and so did my rather hard-boiled office manager. I had him sign a letter in which he promised (completely unenforceable, which I told him at the time, but based on his word as an honorable man) that if he was granted a divorce, he would not marry the woman again.The thing took several months, largely because I had to keep filing motions to have her held in contempt - for selling community property without his consent, for forging his name on credit card receipts, and various other infractions of the set of temporary orders entered right after the divorce petition was filed and served. The judge on the case was so exasperated with her that he finally said he was going to take judicial notice that the woman never told the truth. At trial, I had an expert on the forgeries, and had subpoenaed her current lover to whom she had been giving community property. Fortunately for the judge’s temper, she gave up and took some furniture and a car as her share of the community, and my client got the businesses, the primary house, a lake house, and a lot of other things. He also began making sweet noises to my office manager.He kept his promise to me, though in an unfortunate way, by passing away two months after the divorce was final.

Yes. Assuming they're both heard in the same court, nothing stops you from asking for any available relief at the same time.In most cases, you can get a temporary restraining order without giving notice to the other party. I'm not sure of the law in California, but I have to warn you that in Canada, failure to give full and frank disclosure will be fatal to an order given without notice to the other party even if you otherwise would have been entitled to it had you given notice first.I would recommend that you have all your affidavit evidence available when you walk up to the counter and to call in advance to see if they have a judge who can hear this type of ex parte motion on the date. It might just be a procedural thing too, but you may have to issue process before seeking the TRO, but you won't have to serve process before obtaining it.

Most of the earlier answers are correct as they pertain to trial courts. Appellate courts are very different and most of an appellate justice’s time is spent in chambers reading and writing. California Court of Appeals justices, for example, actually are scheduled to hear oral arguments in a courtroom only about two days a month.I presided over a family law court for most of my time on the bench. I held formal hearings in the courtroom every day. That included both trials and hearings on what are variously called “orders to show cause,” “requests for orders” and motions. These were mostly for “temporary” orders pending actual trial, and for discovery disputes. But I also spent significant time holding conferences in chambers with the attorneys for both sides on a case. A lot of problems could be resolved in those chambers conferences, and often they led to settlement of the entire case or at least the current legal dispute.I also handled ex parte applications in chambers. Those are written applications for temporary orders that were made with or sometimes even without even giving telephonic notice to the other party of the application. The range of ex parte relief sought varied widely from essentially procedural requests to emergency requests related to child custody and domestic violence matters, and even orders stopping a third party from foreclosing on a community property asset.Most of the time ex parte applications were just decided on the paperwork and I didn’t even need to talk to the attorneys or self-represented parties. I’d just give my written orders to the clerk who in turn would give copies to attorneys or parties. Sometimes, however, I would go on the bench to get additional evidence or argument.I also needed to write written statements of decisions and orders, and that was of course done in chambers.I would also try to start reading files for the next day’s calendar—the calendar is the list of cases scheduled for hearing or trial on a given day. Most of the time I couldn’t do that reading during regular court hours (8:30 a.m. to 4:30 p.m.). and I would need to take one or two boxes of files for the next day home and spend typically two to four hours reading them there. I always wanted to be prepared when I came out on the bench the next day. When I was a lawyer I just hated it when a judge had not bothered to read my pleadings and came out on the bench and said, “Counsel, what is this case about?” I was pretty fanatic about not being that judge.