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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100503
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the legal format in writing requesting the quash?

Customer Question

What is the legal format in writing requesting the quash? What should I avoid in the actual motion? On the hearing date what happens if the plaintiffs appearance in court is absent?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What are you attempting to quash? Service? Subpoena? Etc?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.

Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

Customer: replied 1 year ago.
Temporary order of protection in Pima county, Tucson AZ
Expert:  Ely replied 1 year ago.

Thank you. What is the reason for the attempt to quash?

Customer: replied 1 year ago.
The order was filed 6 months ago and until this past Thursday a 1st attempt to actually serve the order was successful. The person who filed against me was incarcerated at the the Pima County Jail for violation of probation of a serious domestic violence conviction in between the time she filed( April, 2015) and now ( October 15), the time I was served. The plantiff is currently on Intensive Probation.
Customer: replied 1 year ago.
Furthermore; the restraining order was fabricated for the most part and was a complaint pertaining to Text messages in which she participated and initiated to begin with.
Expert:  Ely replied 1 year ago.

Thank you.

While a motion to quash may be used unreasonable, obviously irregular, or oppressive subpoenas, injunctions, indictments, and orders, a more proper motion would be a motion to modify temporary orders. However, this may also be addressed via a motion to quash order and to show cause hearing.

I do not have a sample of the former. The latter may be found HERE. However, that is an old motion from the late 1980s. Someone in your situation may be better off finding examples of either at the local law library.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
The serving officer never signed nor dated the time and date the order was issued and served. Something about this just doesn't seem right.
Expert:  Ely replied 1 year ago.

Well the other party may have gotten an ex-parte emergency order that is granted before Defendant is served, although it should not take 6 months to serve this. Ergo, my original answer does stand as is.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.