how to get a court order without an attorney

Before filing a motion in court without an attorney, check the court's website for a fill-in-the-blank form. If they don't offer blank forms, you'll have to draft your own. Once drafted, make 2-3 copies of your motion and supporting materials. Then, take the original motion and attachments to the court clerk to have it filed.

Full Answer

Can a person get a court order without a lawsuit?

People can get court orders in civil cases, family law cases, and in some instances, when no lawsuit is involved. Determine whether you need a civil court order. Civil court is where people sue each other to collect money damages. Unlike criminal court, losing a civil lawsuit does not result in any jail time.

Do I need an attorney to get a court order?

Thanks! In all cases requiring a court order, it is best to seek the help of an attorney, because the process requires many steps and keen attention to detail. What might seem like a minor oversight to a layperson can mean, at best, having to start the process all over again, and at worst, a permanent waiver of your legal rights.

What to do if you have a case without an attorney?

If you do not have an attorney, you can look online to see what a complaint for your type of case looks like, or call the court where you will file and ask if there is a special form complaint that you can use. Try to resolve your case before trial. Even if you file a lawsuit, you won’t necessarily get a court order after a trial.

How do I get a court order?

In order to obtain a court order, an open case must be present in the court or one must be opened, and then a motion filed for the court order that has supporting evidence to show why the order is justified.

What goes in a court petition?

What Goes in 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 the opening document of a divorce?

However, a petition can also serve as the opening document in a divorce, bankruptcy or probate filing. A complaint contains an outline of the facts of the case. It usually must be accompanied by a summons, notifying the defendant of when the response is due. Together these opening case documents provide the defendant with notice of the lawsuit.

What is a petitioner called?

In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by ...

What is a petition in court?

A petition summarizes the circumstances leading to the court case. This means that a complaint must contain the name of the person filing the case and the person or people she is suing. In an injury case, for example, it must contain the basic facts that led to the harm she suffered at the hands of the defendant as well as a statement ...

What should be included in a divorce petition?

If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...

What is the difference between a complaint and a petition?

What Is the Difference Between a Complaint & a Petition? The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney.

Can a person file a complaint without an attorney?

A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

1 attorney answer

Yes. You have to do the same thing an attorney would do, which is not easy if you aren't familiar with the courts. However, there are a lot of resources available to people representing themselves. Go down to the courthouse and ask someone for help. They'll point you where you need to go. Good luck.

Zachariah Benjamin Parry

Yes. You have to do the same thing an attorney would do, which is not easy if you aren't familiar with the courts. However, there are a lot of resources available to people representing themselves. Go down to the courthouse and ask someone for help. They'll point you where you need to go. Good luck.

3 attorney answers

You shoudl really speak directly to your attorney about this. They are a professional and you're paying them, so they should be able to give you answers better than this forum can.

Michael Brendan McCarthy

Your attorney can submit the proposed Court Order to the Court along with a line explaining that the other attorney refuses to return phone calls or emails and refuses to sign the Court Order. The judge can then sign the Court Order without the other attorney's signature and get it filed and entered on the docket. This is a very simple procedure.

David Raymond Mahood

Your attorney can submit the draft order he has and file a line with the draft order explain the efforts he made to get the other sides signature to no avail.

How to obtain a court order?

To obtain a court order, an open case must be pending in a court. If a person wants to obtain a court order and has not initiated a case, the person needs to file a lawsuit. Then a motion seeking an order must be filed. A motion is a legal document that is essentially a brief explanation for the judge of the type of order requested ...

What is a court order?

A court order is a directive issued by a judge that instructs a person to either perform some identified action or to refrain from doing so. They are used in a wide variety of legal situations in both civil and criminal court proceedings. The average person is most likely to deal with court orders in a family law setting.

What is a restraining order?

For example, a restraining order is an order issued by a judge that directs a person to refrain from some conduct that threatens harm to the person who has requested the order. Sometimes called a “protective order”, it directs the person named in ...

What is a child visitation order?

Child visitation orders can contain directions as to the physical location in which a non-custodial spouse can visit their children. Or custody orders might direct where a child should stay during different parts of the year, for example during summer vacations or on holidays.

What is a subpoena in court?

A subpoena is a kind of court order, however any lawyer can issue one. A subpoena directs a named person to appear in a certain place at a certain time in order to give testimony in connection with an investigation or a legal proceeding.

What is a temporary order?

Again, temporary orders are meant to have effect for a short time only. The idea is that a temporary order is provisional and lasts only until a full hearing or trial of an issue can be completed. One order that is common in family law cases is the Temporary Restraining Order, or TRO.

What are the different types of orders in divorce?

The first category involves the amount of time that the order will be in effect. There can be temporary and short term orders, or permanent ones .

How to file a motion in court without an attorney?

Before filing a motion in court without an attorney, check the court's website for a fill-in-the-blank form. If they don't offer blank forms, you'll have to draft your own. Once drafted, make 2-3 copies of your motion and supporting materials.

How to check if a court has a blank motion?

1. Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Look for these forms on the court's website, or contact the clerk of the court where your case has been assigned. If your court does not have blank motion forms, don't use a blank form from another state.

What is the heading of a court case?

The heading information is called the caption . Typically, the caption includes the name of the court, the name of the parties, and the case number. This information should always remain in the same form in all documents filed in your case, both in content and format.

What is a motion in court?

A motion is a request for a court to do something in a case that is currently open in that court. Therefore, a motion can be filed only in a case that is open and still in progress.

Select a Transcription Company That Can Certify Your Audio File

Confirm that the transcription company that converts your audio file to a verbatim transcription is able and willing to certify your court transcripts.

How Much Does It Cost to Get Court Transcripts?

The cost of ordering court transcripts varies. The average cost of obtaining an audio file from the court clerk’s office usually falls somewhere between $10 – $25.

How Long Does It Take to Receive a Court Transcript?

Once we receive your court audio file in a digital format, transcribing the file can occur as fast as the same day, or up to 10 business days, depending on your needs.

Why Selecting the Right Legal Transcription Company Is Important

Choosing the right company for your legal transcription needs is vital for many reasons. The most important ones are quality, reliability, professionalism, and the ability to certify your court transcripts. We commit to the following:

What is a court order?

Most of the time, court orders are part of a divorce, child custody hearing or other domestic proceeding. File a motion. A motion is a brief explaining to the judge the type of order requested and why it is necessary. Provide evidence. In order to obtain the court order, evidence must be produced as part of the motion to support ...

How long is a court order temporary?

In most cases a court order is temporary until the court date, at which time if the case goes in the favor of the one requesting the court order it can be made permanent.

What happens after a judge signs an order?

As noted above, after the judge signs the order, it likely will be sent back to you (or your attorney) for filing (again, but as a signed order) and “service” on your ex-spouse or his or her attorney. After (or simultaneous with) filing the signed order, you or your attorney would request a certified copy of the order.

What does it mean to file a QDRO?

Technically speaking, when someone says they want to “file” a QDRO, it can mean one of two things: they have a final proposed order and it needs to be signed by the judge, or the judge has already signed the order and they must “file” it with their county or court clerk and serve it on the opposing party in ...

Do you have to have a QDRO?

You do not have a QDRO unless and until the retirement plan receives the certified copy, reviews it, and sends a letter stating that the order has been “qualified” by the plan. Under federal law, only the retirement plan administrator has the power to deem your order “qualified,” which makes it a QDRO, rather than just a “DRO.”.

Is QDRO a late step?

Note that “filing” is a late stage in the process of obtaining a QDRO, but it is not the final stage. We can break this down ...