A motion for a protective order refers to a party’s request that the court protect them from potential abusive conduct by the other party. Such requests are often made in connection with discovery, such as when one party seeks discovery of another party’s trade secrets.
Does a motion for protective order stay discovery California?
Protective Orders Defendants also seek an order staying all discovery unless and until the plaintiff files a complaint that is not subject to objection.
What is a motion for protective order Florida?
A protective order is a legal injunction, essentially an official document issued by the court. It is intended to protect someone from future violence by ordering them not to do certain things to another person.
How long does a protective order last in Indiana?
A protective order is valid for two years (unless the court orders a different date). What happens if I still need protection after the two years are up? You can ask the court to renew the protective order. The court has forms you can use to do this.
How do protective orders work in VA?
To be eligible for a protective order, you must, within a reasonable period of time, be subjected to an act involving violence, force, or intimidation that results in bodily injury, death, sexual assault, or personal injury.
What happens if the defendant does not give me responses to my discovery requests?
Failure to respond to discovery may result in dismissal of the case with prejudice. In legal practice, the discovery phase can be your best friend and your worst nightmare. Interrogatories, document requests, and depositions can make or break your case.
What is a protective order in California?
A restraining order (also called a “protective order”) is a court order that can protect someone from physical or sexual abuse, threats, stalking, or harassment.
Does a motion to dismiss stay discovery in Florida?
Stay of Discovery. Generally, a motion to stay ex parte discovery, even while a motion to dismiss or a motion for summary judgment is pending, is not warranted until the resolution of a definitive motion. Such a motion for a stay is seldom granted.
Can evidence be submitted after discovery?
Ex post facto evidence is evidence that existed at the time of trial but was not discoverable at that time. If it is discovered after trial, the previously losing party may use that newly discovered evidence as a basis for ordering a new trial or asking the court to reconsider the motion.
What violates a protective order in Indiana?
Violation of a protective order is a crime. In Indiana, violating a protective order is listed as a crime of invasion of privacy, but can also be part of other crimes such as stalking. If a protective order is violated, the violator is also charged with contempt of court.
How much does a protective order cost in Indiana?
There is no cost to file a protective order. The Clerk’s Office and the Court Receiving Specialist will guide you through the process. It is helpful to know the date of birth and/or address of the person against whom you are filing the protective order (the respondent).
What violates a protective order in Virginia?
In addition to any other penalties provided by law, a person who violates the provisions of a protective order issued pursuant to §§ 16.1-253.1, 16.1-253.4 while knowingly armed with a firearm or other deadly weapon, 16.1-278.14, or 16.1-279.1 or § 20-103 of Subsection B provides that…
Can you drop a protective order in VA?
A Virginia protective order may be voided or modified at any time by either the court that issued it or by any court to which a person may appeal.
How do you respond to a motion to compel?
(d) Response. The responding or objecting party may file a response to the motion to compel. The response must contain an adequate justification for that party’s objection or an argument showing why the party’s response to the discovery request at issue was sufficient.
What is the purpose of the interrogatories?
An interrogatory is a form of discovery that allows a party to the proceeding to manage a series of written questions concerning another party. If the interrogatories are properly conducted, they must be answered to the best of the knowledge or belief of the party who is the subject of the interrogatories.
How do I get rid of a protective order in California?
) You must file your request with the court before the injunction expires. You may do this if you are a person protected by or restrained by the order.
How long does a criminal protective order last in California?
If the protected person requests a protective order and the judge grants the protective order, the order is valid for up to five years.
How Long Does defendant have to respond to discovery in Florida?
STATEMENT OF CLAIM/ DISCLOSURE SERVED WITH COMPLAINT If a written request for discovery is served on the defendant concurrently with the original complaint, the defendant must serve a response to the discovery within 45 days from the date of service of the original complaint.
What happens after examination for discovery?
However, after the review is complete, you may discuss the evidence with your attorney. Your attorney may be able to explain which evidence was helpful and what was not and how your evidence and the insurance representative’s evidence affects your strengths. Cases.
How long does a plaintiff have to respond to a motion to dismiss in Florida?
For example, if a motion to dismiss is filed in the district or appellate court, the opposing party must file a response to the motion within seven days.
Can a defendant file a motion to dismiss?
The current rules permit a motion to dismiss to be based on the following grounds (b) Lack of jurisdiction over the subject matter. (c) Improper venue. (d) Lack of capacity to litigate. (e) Pending litigation between the same parties for the same cause of action. (f) Causes of action ….
Do the police have to disclose evidence?
Disclosure occurs in all criminal cases, and police investigating a crime and gathering evidence have a duty to disclose any material they believe is “relevant” to the case.
What makes evidence inadmissible?
The evidence must prove or disprove a material fact in the criminal case. If the evidence does not relate to a particular fact, it is considered “irrelevant” and therefore inadmissible and inadmissible in court.
What goes on in a protection order hearing?
However, the victim usually has evidence through medical files, emergency treatment, or physical evidence of bruises or lacerations . At the hearing, the judge will decide whether a protective order should be entered and whether conditions should be placed that limit the subject’s ability and communication.
What happens if you violate a no contact order in Indiana?
Violation of a no contact order can result in the violator being incarcerated and/or charged with invasion of privacy. When police are called to a domestic disturbance and the offender is incarcerated, the police will issue a temporary no-contact order.
How can a victim get a no contact order lifted in Indiana?
A no-contact order can only be lifted if the victim requests it. This is not at the request of the defendant, but at the request of the victim. The victim must contact an assistant judge to set a date for the victim to appear in court.
What constitutes harassment in Indiana?
As used in this chapter, “harassment” means conduct directed at the victim. This includes, but is not limited to, repeated or continuous unauthorized contact that would cause a reasonable person to suffer emotional distress and actually causes the victim to suffer emotional distress.
Where do I go to get a protective order in Fort Wayne Indiana?
If you wish to fill out the Order of Protection form in person, please visit the Clerk’s office on the first floor of the Allen Superior Court Small Claims Division (1 W. Superior St., Fort Wayne, IN 46802).
What happens if the petitioner does not show up for court?
If you fail to appear in court, the judge may issue a bench warrant or probation warrant to arrest you for failure to appear. Your absence may also be contempt of court if the judge believes you intentionally skipped.
What is considered harassment in VA?
What is harassment? Harassment means repeatedly annoying or attacking a person or group of people in a way that causes anxiety or fear for their safety.
Is violating a protective order a felony in Virginia?
Felony Penalties for Violating a Veterans Protection Order Virginia courts can find you guilty of a Class 6 felony if you violate the provisions of a protective order of any kind: .
What is a no contact order in Virginia?
Under Virginia law, the term “no contact order” refers to an order issued by a criminal court in a criminal case. The order means that the defendant in the case is not permitted to have any direct or indirect contact with the alleged victim. If the defendant violates the order, the court may issue a warrant for his or her arrest.
How do I change a protective order in Virginia?
Virginia Code § 19.2-152.10(G) allows either party to a protective order to file a written motion with the court to dissolve (or modify) the protective order. By law, either party may file a written motion, but the court makes a decision only after hearing evidence.
What is the rule of 39?
– In all actions where a trial of rights by jury is not possible, the court may, upon motion or on its own initiative, try a question of fact or issue with an advisory jury, or the court may, with the consent of the parties, order a trial by jury whose verdict is as if trial by jury were a matter of right The verdict has the same effect as if the trial by jury had been a matter of right.
What happens if the defendant does not give me responses to my discovery requests?
Failure to respond to discovery may result in dismissal of the case with prejudice. In legal practice, the discovery phase can be your best friend and your worst nightmare. Interrogatories, document requests, and depositions can make or break your case.
What is the meaning of motion to compel?
A motion to compel asks the Chief Probate and Family Judge to order one party to provide the other party with evidence relevant to the divorce proceedings. Such evidence may include Requests for admission of undisputed facts.
What is a motion to dismiss?
Rule 12 of the Revised Rules states that a motion to dismiss is a prohibited plea unless it raises one of the following grounds (2) The pendency of another action between the same parties for the same cause of action; or (3) The cause of action is…
How do I know if my case has been overturned?
The only way to know if your case is still justiciable law is to verify your research. To “validate” a case study means to run the case through the magistrate service to see if there is a subsequent legal body that would invalidate the case and read the case adversely affecting the case.
What proof do you need for a restraining order in California?
Anyone seeking such an order must be prepared to present some physical evidence in addition to his or her written statement and courtroom testimony. Evidence such as photographs, text messages, police reports, medical records, etc. Courts will not entertain a simple exchange of arguments.
What happens if the victim violates the order of protection in California?
Penal Code 273.6 defines a violation as
What is Level 1 protective order California?
A Level 1 protective order allows a person to make peaceful contact with the other person, while a regular protective order orders the person to leave the other person, usually at a distance of one hundred yards (100 yards) away, or in some cases less. There are no other levels, but orders can be customized.
What are the grounds for a motion to dismiss in Florida?
Under Rule 3.190(c)(4) of the Florida Rules of Criminal Procedure, a defendant may file a motion to dismiss at any time on the grounds that there is no issue of material fact in the case and that the undisputed facts do not warrant For a prima facie charge.
How long do you have to respond to a motion in Florida?
Either party may file a response to the motion. Rule 27(a)(2) governs. Responses must be filed within 10 days after service of the motion, unless the court reduces or extends the time.
Who goes first in an examination for discovery?
Generally, the first party served with an affidavit of documents and notice of examination is entitled to examine the opposing party for discovery before being examined himself.
What is one reason prosecutors may decide to dismiss cases?
After charges have been filed, the prosecutor and possibly the court may dismiss such charges for the same reasons that the charges were withdrawn prior to filing. Evidence may be insufficient, witnesses may not be available, or illegal tactics may have been used to collect evidence or make arrests.
Can a defendant file a motion to dismiss?
The current rules permit a motion to dismiss to be based on the following grounds (b) Lack of jurisdiction over the subject matter. (c) Improper venue. (d) Lack of capacity to litigate. (e) Pending litigation between the same parties for the same cause of action. (f) Causes of action ….
How do you respond to a motion to dismiss?
The two principal alternatives are to simply respond to the motion to dismiss by asserting that the attacked claim adequately alleges a claim for relief, or for the plaintiff to amend the complaint to cure the deficiency.