I have come to the conclusion that a Motion For Protective Order is needed in my child custody case after hearing the responses of several trusted attorneys on avvo. I am the petitioner in a Motion to Modify Parental Agreement and this Protective Order is in response to the other party's Request for Production. I have not been successful in locating a blank form or template as of yet. Is this something I would have to craft myself or is anyone aware of an official Florida court document that can be used. I was also wondering if it is necessary to have a Notice of this motion served to the other party via the county sheriff. Thank you!
A Motion for Protective Order basically sets out your objections to the discovery request. Since it is so case specific, you will not likely find a template for it. You can just set out your objections. You will need to send a copy to the opposing side and schedule a hearing to have your motion heard. You will then send the notice of hearing to the other side.
If you found my answer helpful or it was the best answer for you, please mark it. Thank you. This is intended as general legal advice and not intended to create an attorney/client relationship.
No form that I am aware of. You would need to file a Motion indicating why the protective order should issue. If it is a discovery issue you could also respond to the objectionable requests with your legal objection and then opposing counsel/party could schedule your objections for hearing if they choose not to accept your objections and no you need not formally serve the opposing counsel/party by personal service via sheriff or private process server.
Daniel Bachert, Esq.
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
As my colleagues have noted, you need to explain what facts and circumstances lead you to believe that a Protective Order is necessary and appropriate.
My colleagues are all correct. Bottom line is that you need a lawyer and it does not need to cost a lot of money. Doing it on your own is a mistake; filing motions for protective order on your own is a mistake.
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