Tuesday, October 14, 2008

Temporary Restraining

What is a temporary restraining order from a Flint County Family Court?
Requirements for a Flint Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Flint Fathers Rights , Childrens Rights and Flint Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Flint Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Flint Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Flint Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Flint Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Flint Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Flint Divorce Lawyer outline follows;

A Flint Lawyer will prepare your Motions for temporary orders . Flint attorney pleadings typically concern Flint child custody and Flint support, Flint parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Flint attorney fees.
A Flint Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Flint Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Flint Divorce temporary order include the following:
The Flint Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Flint Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Flint Divorce order remains in effect until modified or until entry of the final judgment or order.
The Flint Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Flint Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Flint Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Flint post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert

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