I'm going back to family court. My my ex filed a petition of violation in our current court ordered agreement.
It depends on the judge/referee/magistrate you are before. You should really take something like this on with an attorney. You can use the find a lawyer tab or you can speak to one of the attorneys answering this question. Our information is available through Avvo.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
Submit your motion in writing. You are asking for a very drastic remedy when asking for a motion to strike. A judge will be able to reason through your arguments easier if you make them in writing.
You really should discuss this with an attorney.
I am not sure what it is you are trying to strike, however, the practice differs depending on the court. In Suffolk and Nassau Counties motions are frequently made orally, especially in support cases. Sometimes, if it is complex, a Magistrate, Referee or judge might ask for a written motion. I have made many oral motions in Family Court. You should have an attorney because if your motion is not presented correctly you can lose.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.
Do you mean a motion to dismiss? If you are a respondent to violation of support petition you could be sentenced up to six months in jail if you are found to have willfully violated the order of support. Therefore, you should be represented by counsel. If you can not afford counsel then the court will appoint you an attorney. I suggest you leave the motion practice up to your attorney..
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