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Declaration Re Notice Of Ex Parte Application For Temporary Orders FL03003b - California
| Declaration Re Notice Of Ex Parte Application For Temporary Orders Form. This is a California form and can be used in Family Law Yuba Local County . |
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(This form can be submitted at the hearing) NAME, ADDRESS & TELEPHONE NUMBER FOR COURT USE ONLY TELEPHONE NO: ATTORNEY FOR (NAME): FAX NO: SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA 215 FIFTH STREET, SUITE 200 MARYSVILLE, CA 95901-5737 (530) 749-7600 PLAINTIFF/PETITIONER: vs. DEFENDANT/RESPONDENT: CASE NUMBER: DECLARATION RE NOTICE OF EX PARTE APPLICATION FOR EMERGENCY COURT ORDERS NON-DOMESTIC VIOLENCE (Pursuant to Rules of Court 5.4, 5.151, 5.165 and 5.167) Pursuant to California Rules of Court rules 5.4, 5.151, 5.165 and, 5.167 a party seeking an ex parte order (non-domestic violence) must notify all parties no later than 10:00 a.m. the court day before the ex parte hearing, absent a showing of exceptional circumstances that justify a shorter time for notice. 1. NOTICE GIVEN BY Name (cannot be a party): Telephone #:____________ a. I gave notice to _________________________ (name of party informed) on ___________ (date) at ____________(time) by telephone _________________________ (number) left message on voicemail In person In writing facsimile text message e-mail stating that _______________ (name of party) is seeking temporary orders for sole custody ______________________. I also gave the date, time and place of the ex parte hearing. I asked whether the opposing party would appear or file responsive pleadings and was advised that __________________________________________________________________________. I thereafter served the papers at the first reasonable opportunity before the hearing. b. Exceptional circumstances justify the shorter notice given as follows:_______________________ ______________________________________________________________________________. c. I, in good faith, attempted to inform the opposing party but was unable to do so. I made the following efforts to inform the opposing party (Describe efforts made): ______________________ ______________________________________________________________________________. 2. NO NOTICE GIVEN (can be completed by a party Rule 5.165 (b)) Applicant should not be required to inform the opposing party. a. Giving notice would frustrate the purpose of the order for the following reasons:_______________ ______________________________________________________________________________. b. Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought as follows:________________________________________ ______________________________________________________________________________. c. Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in this case as follows:___________________________________________________. d. The parties agreed in advance that notice would not be necessary with respect to the matter that is the subject of the request for emergency orders (Attach copy of waiver.) e. The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome as follows:_______________ _____________________________________________________________________________. Form Adopted for Mandatory Use Yuba County Superior Court Effective 07/01/11; Rev. 3/14/13 DECLARATION RE NOTICE OF EX PARTE APPLICATION FOR EMERGENCY COURT ORDERS NON-DOMESTIC VIOLENCE (Pursuant to Rules of Court 5.4, 5.151, 5.165 and 5.167) FL03003b Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com SHORT TITLE: CASE NUMBER: 3. Request for temporary civil harassment restraining orders (can be completed by party) No notice should be required per CCP section 527.6 (dc) because I have shown: Reasonable proof of harassment as follows:__________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Great or irreparable harm would result by giving notice as follows:_________________________ ________________________________________________________________________________ ________________________________________________________________________________ 4. Request for temporary elder abuse restraining orders (can be completed by party) No notice should be required per Welf. & Inst. Code section 15657.03 (c) because I have shown: Reasonable proof of a past act or acts of abuse against me (an elder) as follows:_____________ ________________________________________________________________________________ Temporary orders are needed to prevent recurrence of abuse as follows:___________________ ________________________________________________________________________________ I am also asking for an immediate order excluding defendant from the elder's residence: I have a right to possession of the premises & title to the property is not in the sole name of the party to be excluded or in the name of the party to be excluded and any other party besides me and, Defendant has assaulted or threatens to assault me, other named family or household members or my conservator, if any as follows: ___________________________________________________ and, Physical or emotional harm would otherwise result. Other Information:_______________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ________________________________________ Printed Name _____________________________________________ Signature of Declarant Form Adopted for Mandatory Use Yuba County Superior Court Effective 07/01/11; Rev. 3/14/13 DECLARATION RE NOTICE OF EX PARTE APPLICATION FOR EMERGENCY COURT ORDERS NON-DOMESTIC VIOLENCE (Pursuant to Rules of Court 5.4, 5.151, 5.165 and 5.167) FL03003b Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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