Thursday, April 14, 2011

GENESEE DIVORCE FLINT DIVORCE LAWYER,ATTORNEY TERRY BANKERT (810)-235-1970,DIVORCE FLINT


GENESEE DIVORCE FLINT DIVORCE LAWYER,ATTORNEY TERRY BANKERT (810)-235-1970,DIVORCE FLINT



TODAY THE KEYWORDS FOR A RESPONSIBLE DIVORCE ARE GETTING EMERGENCY DIVORCE ORDER TO PROTECT CHILDREN OR YOU.



Ex parte orders; temporary restraining orders. §§1.17–1.24.



EX PARTE MEANS YOU GO TO THE JUDGE FOR AN ORDER WITHOUT LETTING YOUR DIVORCING SPOUSE KNOW.

The court must be satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.

MICHIGAN DIVORCE LAW GUIDE THE COURT

Orders are effective upon entry but may not be enforced until the other party is served with notice.

Ex parte orders for child support, custody, or parenting time must include the notice in MCR 3.207(B)(5).



EFFECTS OF A DIVORCE SOMETIME REQUIRE PROTECTION

Temporary restraining orders. §1.21.

Requirements for granting a temporary restraining order (TRO):

It clearly appears from specific facts 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 attorney certifies in writing any efforts to give notice and why notice should not be required.

A permanent record is made of nonwritten evidence, arguments, or representations supporting the application.



DIVORCING REQUIRES ORDERS FROM THE COURT



The order 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.

PPO

For personal protection orders, see §1.22 and Mary M. Lovik, Domestic Violence Benchbook: A Guide to Civil and Criminal Proceedings (3d ed MJI 2004).







If you have family law/divorce question call for a free consultation Attorney Terry Bankert 235-1970 or reach him through http://www.attorneybankert.com/


FAMILY IN ECONOMIC DISTRESS try his informational site http://www.nojokebeingbroke.com/
 if you have bankruptcy questions.



Principal source

Michigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01
 (last updated 04/01/2011