How can I get an order set aside?
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How can I get an order set aside?
I have an ex parte order against my
husband who I am in the process of
divorcing. I am pro se, and his attorney
filed a motion to require me to
communicate with my husband directly
regarding child visitation instead of
using a neutral third party. I missed the
court date because I was not served
and was not aware of the motion. The
attorney claimed he served me via ECF,
but only attorneys can access ECF so I
had no way of knowing this. I would
like to request a hearing to ask the
judge to set aside the order that we
communicate directly, as it is a threat
to me and I was not given proper
service.
Asked on March 14, 2019 under Family Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You make a motion: a motion is how you ask the court to do something in the course of a case. Just as your husband and his lawyer filed a motion regarding communication for child visitation, you would file a motion to have the order set aside, on the basis that, as a non-attorney without access to ECF, you never received notice of the motion.
You can look in the rules of court for how to file and support (i.e. the paperwork, documentatoin, etc. needed) a motion. Clearly though, it would be better for you to retain an attorney to help you--and not just with this motion: if your husband has a lawyer and you do not, you have put yourself at a significant disadvantage in your divorce.
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