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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Process Regarding 21 days from time of judges order: Paul,

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Process Regarding 21 days from time of judges order:
Paul, a just received a signed copy of the 10 year Injunction between me and my children. The order was signed on 4/26/13. 21 days from that is 5/17/13. The motion trial requesting that the judge, "modify or amend the criminal no contact order" is 5/20/13. It would have been nice if the 21 days ended after 5/20/13 so the judge could make a determination on an Injunction Reconsideration motion after working through 5/20 hearing. In the motion to reconsider the injuncition, how does it work, does the judge have to rule something within 21 days to stay his order or does he just need to schedule a hearing or the "reconsider" piece and that stays the process?
Thank you for your new question.

You need to appeal the new order and file a motion to stay the order pending appeal. File your notice of appeal, motion for stay on appeal and a motion for reconsideration on the order now, all at the same time, which will at least buy you time for the upcoming hearing to rule on the matter. If you lose at this new hearing in criminal court, then you can always file motions to dismiss the motions in the family court if you choose not to pursue the appeal or reconsideration to at least have the 18 year old excluded from the order.

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Customer: replied 3 years ago.

Paul, for a second, let's just look at the motion for reconsideration. If the judge will just agree to take the case, even if the motion itself is not heard within 21 days by 5/17/13, agreeing to take the case will block it from taking affect? Do courts usually send out something to the parties if they agree to take the Motion for reconsideration?


Additionally, my position is that if the judge will amend the no contact criminal order than the injunction becomes a non-issue because I no longer want to finght to have any visitation, I just don't want it to be illegal for contact to occur. Does that make sense? Thanks, Andy

Customer: replied 3 years ago.

Paul, I had a few typos earlier. I don't want to FIGHT anymore and I don't want contact to be illegal. Sorry for the errors but wanted to be clear.

Thank you for your response.

No, they do not send out a notice specifically that they will hear the case and you need to file the motion to stay execution of that order pending your motions. This is why you file the motion to stay, which the judge will issue a ruling on. The reconsideration on the other hand, the judge does not have to issue any notice to you, they can decide that reconsideration without any hearing and simply deny it, which is what they do most times.

You do not have to really fight, just file these motions to hold things up until you get the criminal ruling, then you can dismiss all of the motions if you do not want to fight
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