Does there have to be an existing court order to do a Show Cause Order?
Yes - the actual name is, "show cause why the defendant should not be held in contempt."
Not necessarily. Definition follows:
"A show cause order is an order of the court, directing a party to a lawsuit to appear on a certain date to show cause why the judge should not issue a specific order or make a certain finding. It is also called an order to show cause or OSC.
A show cause order is commonly used in a family law case. The hearing of the show cause order is customarilly not an "evidentiary" hearing. An "evidentiary" hearing is where each of the parties is sworn under oath and takes the witness stand to provide testimony (evidence) to prove the facts for the judge's ruling. But normally at the show cause order hearing the parties have provided their evidence in the form of a written declaration signed under penalty of perjury.
In some cases, orders to show cause are filed by a party requesting a court ruling on: child custody, child visitation, child support, spousal support, attorney fees and costs, property restraint, and property control. These are mostly used to modify already-existing orders issued by the court."
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If your parents give you permission to move out at the age of 17 in Wisconsin but the court does not what will happen?
Civil contempt is designed to get you to comply with an existing court order. If you are found in contempt or fail to attend the hearing the court can have you arrested. If you are outside the state where the order is issued and get picked up they may or may not transport you back to the state where you were found in contempt.
Go to the courthouse from which the court order was issued. Explain to the court clerk how the order has been violated and that you want to file a contempt charge. The clerk will give you a "Show Cause" (or similar) form to fill out. The court will issue a summons to appear for court - don't miss the court date.
What are your options when your ex-wife violates a court order and refuses to release your child to you for visitation?
The parent being refused visitation should contact the attorney who handled the custodial case. If there was not legal counsel they should call the clerk or the court where the visitation order was issued for instructions on how to file a petition of "non-compliance of a court order" against the parent who has primary custody. The parent is in direct violation of a court order and unless he or she can show "just cause" for…
If a divorce and child support are finalized in Oklahoma can jurisdiction be changed to the state of Texas when one party lives in Oklahoma and one in Texas?
Yes & No. All US states recognize the legal validity of all marriages, divorces, custodial, child support and other domestic issues where a court order has been issued. So the original court order will stand. However, you can file an amendment or modification to the existing order. For example, if the children establish residency in Texas by residing in a Texas county for more than 6 months (you must show proof) - you can establish…
How soon after a child starts to live with a non-custodial parent in California can apply for legal custody and child support with a current Child Support order in Texas?
As soon as possible. You will have to file an amendment to the existing order. This service may be available by mail. You want to make sure you have proof of custody such as school and/or medical records, daycare expenses etc. You may also be able to have this taken care of by a Court in California and have them contact the court services in Texas for you. It may take longer but this way…
After a Writ of Replevin has been granted by the court how long does the borrower have until wages are garnished if the collateral is not recovered?
More commonly referred to as a "restraining order" or a "no-cointact order." It is an order issued by the civil court at the request of the petitioner, if they can show sufficient legal grounds to be protected, from the unwanted advances of the respondant, against whom the order is issued. It is a valid court order and a violater of it can either be arrested and/or cited for contempt of court.
Its nearly impossible to open a closed adoption, you would have to get a court order with probable cause to the information....like if you are sick and need your birthparents blood tested...or something like that. But the court must grant you the right to see the adoption records. That is the only way I know of.
How can you find out if a court order has been issued to return a auto which is in repo status and how long does the court order last?
No, an existing court order must be adhered to unless there are extentuating circumstances (unsuitable environment, etc.). However, forcing him to comply will only result in more problems. The best option would be for the parents and child to obtain qualified independent counseling in hopes of finding a solution to the matter.
When a complaint is filed with the court, a Cause of Action must be included or the court will not consider the claim. Federal Rule (11) Requires lawyers and parties to believe there is good basis in law and fact for any cause of action asserted in a complaint Negligence is type of cause of action and the complaint must include all four elements: (1) A duty owed (2) A breach of that duty (3)…
You answer the Court as to why or why not you did not perform a certain act either ordered previously by the court or agreed to in a sitpulated agreement with another party. You show cause why you did not do the act. Yes, testimony is required and better yet, show the court a document trail. For example. Show Cause why you did not pay child support on a timely basis: I was unable to…
Go to the court where you live, and ask the court clerk how to file a petition for a restraining order. In some jurisdictions and on an emergency basis, you can go to the police station when court is not in session. A judge or court commissioner may be available to the police by telephone on a 24 hour basis when courts are closed. The order is temporary and the person who requests it must…
Any action that directly opposes the existing laws of the state and/or municipality which relate to the safety/well-being of citizens and/or property where said action occurs. For example, if a repo agency attempts to remove a vehicle by entering a garage or fenced yard without a court order, a 'breach of peace' has occurred.
Is there a way an only child can become the excutor of the father's estate without probate in California and nobody will talk about his affairs without a court order?
Perhaps if the parents are unmarried and the father has not established his paternity legally. In other cases, depending on the details, a parent cannot prevent the other parent from seeing the children without a court order to that effect. The answer can depend other factors such as who has custody, if the parents are married, divorced or never married, if there is an outstanding visitation order, if the parties are under the jurisdiction of…