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My son was suspended from college for an integrity

My son was suspended...

My son was suspended from college for an integrity violation. he was accused of fabricating emails to a professor. he is completely innocent and we sought an injunction to allow him back at school. the judge granted a temporary restraining order and he went back to school. in the meantime the judge ordered that we hire a 3rd party to evaluate whether or not he actually sent the emails. the school and us have not been able to agree on a computer company to do the search needed. we are due back in court in couple of days. what can happen now? will the judge give more time? could he change the restraining order and my son would be suspended again? I'm not getting good answers from my lawyer. I will do anything to keep my son in school.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Supreme court, we filed order to show cause

Lawyer's Assistant: Family law varies by state. What state is he in?

NY this is not family law

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Answered in 5 minutes by:
3/24/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,217
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 30 days ago
Are you reviewing question now?

Yes, I am. Just one moment...

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Customer reply replied 30 days ago
No thx

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Customer reply replied 30 days ago
Ok

Do you have reason to believe that the school would be willing to continue the order until you can find a computer company?

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Customer reply replied 30 days ago
The school desperately wants my son gone from the college. They are really putting in extreme efforts to make this happen
Customer reply replied 30 days ago
They will attempt to convince the judge that we are causing delay and will ask him to resolve the case

I see.

I’m really sorry to hear about your situation. You may need a motion to continue the injunction on the grounds that you cannot agree on a computer computer. Generally, the court may, for good cause, extend the time if one party requests additional time or the court may just extend additional time on their own if they feel it is necessary in the case. In your motion document, the moving party has to be sure that they are explaining the reasons for the continuance. Many times, the court will grant the motion if there is something like an illness, death, the loss of an attorney, or some other “good cause” reason to extend the time for some event. In this case, the lack of agreement to settle the matter would be good cause in my legal opinion.

Although each state is different, a motion to continue must be filed at least 14 days before the upcoming hearing date/date the injunction is supposed to end. Make three copies: one to keep, one to file, and one to serve on the opposing party.

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When you have your motion ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Once the motion is served on the opposing party, they will have a chance to oppose the motion if they wish. They must file and serve their opposition. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Regardless, you’ll be notified of the magistrate’s decision in writing.

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Customer reply replied 30 days ago
I don’t want to file for continuance
There is no time anyway. I am worried judge will side with school this time. He sided with us first time but school lawyer is going to try hard to convince judge. What would a judge normally do here? Nothing has changed. My son still needs chance to prove his innocence. What about the injunction?
Customer reply replied 30 days ago
We simply need more time or another solution. I don’t care as long as judge allows my son to stay in school

I see. Well, what I mean is you can file a continuance on the injunction. Basically, you can ask the judge if they can just extend the injunction. Does that make sense?

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Customer reply replied 30 days ago
No
Customer reply replied 30 days ago
We are not at injunction yet. We are just trying to maintain temporary restraining order.
Customer reply replied 30 days ago
You must have some suggestions about what to say to the judge

Goodness, I'm sorry. I meant the TRO. You should make a motion to continue the order on the grounds that you can't find a computer specialist to help. I think a judge would agree with you on those grounds because it's "good cause."

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Customer reply replied 30 days ago
You think it’s that simple? Is it necessary to make a motion?
Customer reply replied 30 days ago
What is the good cause?
Customer reply replied 30 days ago
What is involved in this motion?

I think it could be simple. If you explain the facts as you know them and explain that you have had trouble regarding finding a computer specialist, that it would not be in your son's best interest if the TRO ended at the time it is currently scheduled to do so. I think that if you can explain that he is young and that the failure to continue the order is going to be problematic for him. Basically, make a timeline, then state your reasons, then have a "prayer for relief" that they continue it until some date as determined by the court.

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Customer reply replied 30 days ago
is it a motion or a prayer for relief. The judge is well aware of the harm to my son that’s why he granted the tro. I need a foolproof way to continue the TRO.
Customer reply replied 30 days ago
The judge may do it because he is somewhat sympathetic to my son’s situation. But he could be mad also.
Customer reply replied 30 days ago
There must be a more solid answer
Customer reply replied 30 days ago
This was my last question if you could just give me a more solid answer
Customer reply replied 30 days ago
Hello

So, unfortunately, without actually writing the continuance, I couldn't provide you a solid answer. I know that you're probably very concerned and very scared about what's going to happen, but the first part is just coming up with the reasons why you think the judge, in the light of fairness and justice, should continue the order

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My recommendation is to come up with a timeline of the matter, three to four reasons why the order should be continued, and explain the harm that would result if it is not continued.

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Customer reply replied 30 days ago
The

Did you have any other questions for me today?

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Customer reply replied 30 days ago
No. thx for your help but I’m still scared.
Customer reply replied 30 days ago
Can we do the motion in court? In front of the judge

That makes sense. I have to argue a motion next week and I'm nervous. But don't worry. You're taking the first steps toward helping him stay in school. I think a judge would grant it in his favor only because the risk of keeping him in school is a lot less than keeping him out of school.

And yes, you can do the motion in court. In fact, to even get this motion on the calendar, you have to file it in the court where the TRO was filed. The judge may order a hearing to hear oral arguments, but that depends on what they want.

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Customer reply replied 30 days ago
Thank you

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Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 10,217
Experience: Licensed to practice before state and federal court
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