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Thank you Paul.
Can you explain the Motion for Temporary Possession? The process I'm familiar with I file a motion for the Friday docket but that takes at least one week and given that this Friday is a court holiday the next docket is July 12th. This past week she raided our beach house earlier in the week and our primary residence on Friday morning. Is there a process which I could file an attain the order before the July 4th weekend which she has stated she will be getting more property?
Can you clarify how I would file the motion? I typically would complete the yellow paercipe and file in Room 320. But the form typically has provisions for one or two weeks notice from the Friday which you file, meaning filing this week it would be heard on July 12th. How can I file the motion and have it heard today?
The docketing clerk informed me that Fairfax County does not support Ex Parte motions unless its abuse. She indicated that the process is to notice opposing counsel to attend Calendar Control at 8:30 to request a hearing. But the hearing may take till July 12th which was my initial concern. Are you certain that there is a process to get heard by a judge in a more expedited fashion? If so, please clarify since the docketing clerk refuses to accept the Ex Parte Motion I brought to her.
But if the clerk will not accept the motion nor send me to a judge, how can I get this heard?
The process the clerk claims is to notice the other party for calendar control, attend calendar control requesting an immediate pendente lite hearing for temporary award of the residences and to stop distribution of marital property. The pendente lite process appears to be differ from the process you describe in that the hearing is scheduled for the opposing counsel to attend.
I did state it was an emergency. She didn't care unless it was abuse, not property. Thoughts?
If I understand your reply, I believe you are describing the process I described in my first question. This Friday is a court holiday so July 12th is the next Friday motion docket day. I was searching for any other process that would permit the hearing on an emergency basis, i.e. the next couple of days. The Pendente Lite process requires standard notice and Friday only hearings thus no relief till July 12th. Is there any other option?
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