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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 141878
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Temporary order for protection. A hearing was scheduled and

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Temporary order for protection
JA: What steps have been taken? Have any papers been filed in family court?
Customer: a hearing was scheduled and motion for continuance granted
JA: Family law varies by state. What state are you in?
Customer: alabama
JA: Anything else you want the Lawyer to know before I connect you?
Customer: false allegations against father who lives in Florida, was not able to appear for first hearing so continuance was pushed 6 months. Has been unfairly kept from his 2 young kids for almost a year

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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  1. I am sorry, but if he could not appear and it got continued for 6 months what is your question for us about this matter?
Customer: replied 16 days ago.
Is there a way to expedite the hearing or dissolve it altogether?
Customer: replied 16 days ago.
He was not able to attend as he was notified one week prior, and was working out of the country
Customer: replied 16 days ago.
The TRO describes an argument occurred, no threats of violence. They do not reside in the same state so no imminent danger. Wondering the likelihood / process of submitting for it to be thrown out, if not to expedite the hearing so he can have access to his kids again.

Thank you for your reply.

  1. About the only way he will get the court to change the court date would be if he had an attorney and the attorney could seek to move the matter sooner.
  2. Many times the courts will even refuse to move a matter earlier for attorneys though, so it is not a guarantee.
    1. If he wants to go without an attorney he can file a motion to reschedule and ask the court to set it sooner, but that is up to the court
    2. The court needs to have an actual emergency to set expedited hearings and because there is no immediate danger or harm in this situation, they are likely to refuse the request, but he can ask as I said.

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Customer: replied 16 days ago.
'No imminent danger' means the TRO is illegal. The only way it should be issued is if there IS threat of imminent danger, not a cause for the court to prolong the process
Customer: replied 16 days ago.
So he's kept from his children for a year based on false claims and is at the mercy of the court scheduling of the hearing.

Thank you for your reply.

  1. If the children are not in imminent danger, the TRO may be improper, but had he showed up in court or hired an attorney to show up for him the date of the first hearing, he could have presented that evidence to the court.
  2. Sadly, yes, she has used the system just like many other people who call themselves parents to legally keep him from the children, but the only thing he has now is he can ask the court for a sooner date or hire an attorney to try to resolve it.
Customer: replied 16 days ago.
Is there a specific document that must be submitted to the court in Alabama to expedite a hearing?
Customer: replied 16 days ago.
Motion for expedited hearing?

Thank you for your reply.

 

  1. Every request to the court is made by Motion accompanied by a Memorandum of Law in support of the motion.
  2. So, it would be motion for expedited heari0ng and a memorandum of law in support where you explain why it should be expedited.
Customer: replied 16 days ago.
Thank you for your reply :)

You are welcome.

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