how to obtain a court order without hiring an attorney

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 and why it is justified and necessary.

Full Answer

Can a person get a court order without a lawsuit?

Mar 20, 2017 · 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. This is NOT legal advice, …

Do you need an attorney to get a court order?

Nov 30, 2019 · 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. This is easiest in states that offer assistance and instructions for individuals filing on their own.

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

Dec 23, 2013 · To get a civil order, you must first file a civil lawsuit. There are many types of civil lawsuits, including: personal injury lawsuits, defamation lawsuits, breach of contract lawsuits, medical malpractice lawsuits, and. slip and fall lawsuits.

How do I get a court order for an open case?

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 and why it is justified and necessary.

Can you write your own court order?

Can you file a consent order yourself? Yes, you can file a consent order with the courts yourself.

How long does it take for court order?

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.Jan 13, 2021

How does a court order work?

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.

How do I get a court order in South Africa?

The procedure to apply for a protection order is as follows:The complainant must make an affidavit and complete an application form at a police station. ... Supporting affidavits by persons who have knowledge of the matter in question, may accompany the application.More items...

Who can apply for a child arrangement order?

3. Who Can Apply. As was the case with Contact and Residence Orders, any person can apply for a Child Arrangements Order. There are two categories of people who can apply: those who are entitled to apply, and those who require leave of the court first in order to apply.

Is a court order legally binding?

A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt. A parent cannot be held in contempt though simply for failing to take up the contact given.Apr 30, 2020

Is a court order a public document?

If made on a public basis, whether at or without a hearing, these will be accessible to non-parties. However, statements of case, orders and judgments can generally only be accessed once all defendants in the case have filed an acknowledgment of service or a defence.May 20, 2021

What is the order of courts from highest to lowest?

Introduction To The Federal Court System. The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

What is a court costs order?

A costs order is an instruction issued by a court or tribunal concerning the costs of the proceedings or part of them for example, that one party to a claim should pay part or all of another party's costs.

How long does it take to get a court order in South Africa?

Delivery of orders are subject to availability and receipt of payment, requests will be processed within 2 business days and delivery confirmed by way of email. All domestic deliveries are fulfilled by Fastway South Africa.

How do I apply for a court interdict in South Africa?

How to obtain a domestic protection order (interdict)Step 1: Go to your nearest Magistrate's Court. The Magistrate's Court has the power to grant you a domestic protection order. ... Step 2: Fill in the forms. The court will give you forms to complete.

Who gives an order as to costs?

The court can, in special circumstances, order one party to pay the costs of the opponent on an attorney and client scale, e.g. dishonesty, fraud, grave misconduct. The court may order the unsuccessful party, suing or being sued, to pay costs de bonis propriis, e.g. material departure of responsibility of office.

How can I get a court order online?

If you want to get a copy of an existing order, it depends on whether the court has ECF (Electronic Case Filing Capacity.) Federal Courts for examp...

Where do I find a court order form?

Most court orders are written on "pleading paper," so you may not be able to find the form you need online. However, there are some court orders th...

How do I get a court order if the court is not willing to give me information on my case?

To get a court order, you will first need to find out why the court is not providing you with information. After that, you can try to address the i...

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 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 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 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 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.

How to get a restraining order?

To get a restraining order, you must get the proper forms from the courthouse. Visit the courthouse in your county, the other party's county, or the county where the abuse took place, and ask the clerk for a request form for the type of restraining order you wish to file.

How to get a civil order?

To get a civil order, you must first file a civil lawsuit. There are many types of civil lawsuits, including: personal injury lawsuits, defamation lawsuits, breach of contract lawsuits, medical malpractice lawsuits, and. slip and fall lawsuits.

What is the document called when you file a lawsuit?

After you determine which court you should file your lawsuit in, you should begin to prepare your “complaint.”. To sue someone, you must prepare a document called a complaint that you will file with the court. The complaint includes the grounds or cause of action for your lawsuit.

What is a no fault divorce?

All states allow a “no-fault” divorce, which is a divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong.

Why do you need to establish paternity?

Additionally, paternity must be established in order to handle issues such as child support, and even custody and visitation. In many cases, paternity can be established without a court order if both the mother of the child and the alleged father agree on paternity.

What happens if you don't agree to child support?

If you and your spouse/partner cannot come to an agreement on the amount of child support or the custody of your children, the court will enter an order telling both of you what to do. If you are in the middle of your divorce, then you likely have a case number or court file already.

What is civil court?

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. If you want a court to award you money from someone else because you think that they have wronged you in some way, you will need a civil court order. To get a civil order, you must first file ...

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 .

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.

How to enforce divorce decree without an attorney?

1. Determine which provisions of the decree your ex-spouse has violated. The steps you follow to enforce a divorce decree depend on which provisions your spouse is not following .

How to enforce a divorce decree?

Complete and file a motion to enforce your divorce decree. Complete the forms carefully, attaching all required information and documentation, and file them with the Clerk of Courts in your county. Expect to pay a filing fee when you do so. When you file a motion with the court, you are asking the judge to enforce the terms of your divorce decree. ...

What happens when you file a motion for divorce?

When you file a motion with the court, you are asking the judge to enforce the terms of your divorce decree. Your ex-spouse may respond to your motion. The court will then set a date for a hearing. Attend the hearing and be prepared to answer questions from the judge.

Can my ex-wife be prosecuted?

In some cases, your ex-spouse might be subject to criminal prosecution for their failure to honor the terms of your divorce decree. Your county Clerk of Court's office or your state's judiciary self-help services may provide forms or templates you can use to initiate the process. 5.

Can an ex-spouse enforce a divorce decree?

After all, the decree is a legally-enforceable court order. Unfortunately, ex-spouses sometimes fail to comply with the terms the judge ordered. If your efforts to get your ex-spouse to honor the divorce decree have failed, you have the right to seek enforcement of the divorce decree through the court. You may be able to do so without hiring an ...

What happens if my spouse doesn't consent to the sale of my house?

If your spouse is not consenting, you will have to obtain a court order to force the sale of the home. The Court has jurisdiction to make this order under Ontario’s Partition Act. The Partition Act allows the court to make an order for partition or sale of property owned by more than one party, or to which more than one party has an interest to.

What is a matrimonial home?

According to the Family Law Act of Ontario, the “matrimonial home,” is the home that, at the time of separation, was “ordinarily occupied” by you and your spouse as your family residence. The matrimonial home has special protections afforded to it under the Family Law Act .

Can my spouse respond to my application?

Once you file your Application with the court, your spouse will have an opportunity to respond, and make claims of his or her own. Depending on how your spouse responds to your Application (or whether he or she responds at all), the next steps in the process may vary.

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.

Who prepares the court order?

In some states, the clerk in the courtroom will prepare the judge's order and file it automatically. In other states, it will be the responsibility of the prevailing party to fill out a court order form and submit it for the judge's signature and filing.

What is a court order?

The court order is a document with the judge's decision and this document will set out exactly what the custody arrangement will be and how it will be enforced. You and the other parent will be required to follow this order or risk legal ramifications.

How to resolve custody issues with a parent?

Go to mediation. In some states, the court will require you and the other parent to take part in mediation prior to going to court to resolve your custody issues. Mediation gives parents an opportunity to work out their disagreements outside of court and allows the parents to have a bigger impact on the decisions that are made. In mediation, both parents will meet with an expert mediator and discuss their disagreements in an attempt to come to an agreed upon solution. If you and the other parent come to an agreement, the mediator will help you draft a parenting plan and that plan will then be submitted to the judge for approval.

How to request custody of a child?

1. Fill out the required court forms. In order to request a custody hearing, you will have to fill out a request for an order. This form will require you to divulge information including your request for custody and the facts supporting your request.

What happens after you file a court request?

After you have filed your request, the clerk of courts will schedule a court date and provide you with that information. In some states, the clerk of courts will also schedule a mediation, which will take place either prior to or in conjunction with your court hearing.

What is a summons in a family law case?

Summons. The summons is a document you will attach to your petition and it informs the other parent that they are being sued. The summons includes important information about responding to the family law case you are about to file.

How long do you have to serve your answer before a hearing?

In some states (e.g., Michigan), your answer must also be served on the other party at least five days before the hearing if you provided service through the mail, and at least three days before the hearing if you have the other party served personally. For more information about serving another party, look here .

How long does it take to get divorced in Florida?

Florida law only requires a judge to wait 20 days from the time a divorce petition is filed to grant a divorce, and even this waiting period may be waived. This means that the length of time it takes to get divorced in Florida depends largely on whether your divorce is contested or uncontested ...

Do I need counseling before divorce in Florida?

You may be wondering: Am I legally required to get counseling before getting divorced in Florida? The answer is that counseling is not required as a matter of law, but a judge might order it in some cases.

Does Florida require marriage counseling?

Florida Law Does Not Require Divorcing Couples to Seek Marriage Counseling. Some jurisdictions require marriage counseling, family counseling, or a similar form of professional therapy before a divorce can be finalized. Florida is not one of those states. Under Florida law, completion of marriage and/or family counseling is not a statutory ...

Is divorce a difficult decision?

The decision to get a divorce is a difficult one. Every couple has to face their own unique issues. In some cases, married couples go through months or years of counseling before deciding that a divorce is the right option. In other cases, one or both partners may simply have no interest in counseling. You may be wondering: Am I legally required ...

Is counseling required in Florida?

While counseling is not a legal requirement in Florida, a family law judge may still order it in any specific case. If you and your spouse are able to reach a full settlement outside of court (uncontested divorce), it is less likely, though not impossible, that marital counseling will be mandated by a judge. However, if your case is disputed, counseling may be required. As a general rule, Florida courts tend to order counseling in two situations: