Order related questions


#1

Background.

Volunatary withdrawl of complaint and custody was submitted as soon as full trial was ordered. Trial was not conducted and one year time limit of temporar order has passed. Court ruled and notified case has been dismissed and closed

Questions.

  1. What is the time limit of temporary order. According to wake county it is one year, is this correct?
  2. Is this necessary to submit motion to dismiss temporaryorder after case dismissal. (A letter had been faxed for dismissal to case coordinator, prior to court responding about case dismissal).
  3. Motion to dismiss attaching custody and complaint voluntary withdrawl has been submitted. Will Clerk of Court respond the result of this motin?
  4. Which is better, Motion to Terminate temporary order or motion to dismiss temporary order… What is the difference…

What is your hourly rate for adminstrative filing.

Does your firm has expertise have expertise on federal complaint handling involving complex litigation (non criminal) which involve not just family, but business and other, what is your hourly fee?

Thanks


#2

The term of a temporary order becomes a permanent order after one year, unless the order specifically states otherwise. If the case was dismissed the order no longer applies.
We do not bill by the hour and do strictly flat fees, we do not handle matters other than family law.


#3

After court informs case was dismissed do I need to do anything?


#4

No, that should be it.


#5

1.Wake county rules indicate duration of temporary order is one year. It also indicates, that after a ten day return hearing, a full trial is conducted. Is this correct?
2. The word “Temporary” itself it means temporary correct?, how is it possible temporary can be made permanent without full discovery and trial?
3. Also, could you please confirm that if a trial is order after issuance of a temporary order, and case is dismissed, temporary order no longer applies?

Thanks in advance…


#6

A temporary order becomes permanent after the duration of one year unless the order specifically states otherwise.
The reference to ten day hearing is for emergency orders. These are different from temporary orders in that they are granted on an emergency basis and are normally held ex parte (meaning the other side is not noticed or present).
Temporary orders are only issued after a hearing has been conducted and become permanent after one year if neither side calendars the matter for a permanent hearing.
If a case is dismissed ( both complaint and counterclaims) and order is no longer relevant.


#7

If defendant objects to temporary order, and then judge orders case to be calendered, and then plaintiff submitts voluntary dismissal of complaint and custody, and court informs defendant that case has been dismissed, (noting counter claim could have been heard prior to temporary order or during trial if it had occured, since Judge orders it), does it not then mean, temporary order got dismissed, as you originally point out?

That is dismissal has occured after Judges order for trial, due to defendants objectins.

Thanks again in advance…


#8

I am not exactly clear on what you are asking but if a defendant has not dismissed a counterclaim for custody there is a claim still pending, and therefore the temporary order is still effective (unless it stated it would expire after one year) and a permanent hearing should be set based on the defendant’s pending child custody claim.


#9

Orignial requesters posting is perhaps different than mine…

Intial issue was not related to custody claim. We were together…A claim was made as if a seperation had occured, there was no seperation to begin with, as such for that case there was no claim from defendant…That complaint was withdrawn by plaintiff and case was dismissed…So issue of counterclaim was not there…

Thanks


#10

Based on What I know, Temporary order by its definition, is temporary. Local counties have rules. Wake county for example, if you go to their website gives one year time limit. It is for the court before it can make a decision wants full verification of facts, evidence, before a judgement is issued… So if dismissal has occured, without trial, then obviously temporary order is in effective.

Claim and counter claim depends on if any claim is open, court will not dismiss or cannot dismiss if they know something is open… Clerk of Court if something is open, will not close case. If dismissal and case closure has occured then temporary order is ineffective or void regardless…This is my opinion…

I want to hear legal response. This is interesting…


#11

If no counterclaim was pending and the Plaintiff dismisses the order is ineffective and the case no longer exists.


#12

I think original question was case for ordered for trial, that is all issues will be heard. But plaintiff dimissed all her claims, and volunatary dismissal of complaint and custody, and court informed that case has been dismissed, AFTER COURT ORDER FOR TRIAL… So temporary order cannot exist, since there was no counterclaim in this scenario…

when there is a temporary order, and the court orders full trial, then plaintiff must show up and court must conduct trial. If it was not then, no one can say temporary order is open… Court must conduct hearing, if there was any objections…but if court informs case dismissed then it is a mute point…In fact, court and state will be liable if it penalizes anyone without due process …


#13

Family Court local rule 4.2 E
(e) Temporary Orders. Any order entered in a temporary hearing conducted pursuant to these Rules shall be without prejudice to either party and subject to full hearing on the merits at a later date, unless otherwise agreed by the parties. The temporary order shall be designated as such and shall include a date certain for a full hearing on the merits. No substantial change of circumstances need be shown at the full hearing

Wake County Lawenforcement – Time Limit for for temporary order, “since it is temporary” is one year…

So if court order case for trial, and Plaintiff dismissed her claims, and if court disimissed the case then, temporary order is no longer valid, per above rule.