How to Write a Motion to Modify an Emergency Protective Order
- 1). Set up the proper heading. A pleading heading is also called the "style." The style includes the court, county, state, division of court, plaintiff's (petitioner's name), defendant's (respondent's) name, case number and division. Depending on the state, the title of the motion is two spaces under the heading or can be included in the heading. Titles may be bolded and underlined, again, depending on state and local court rules.
- 2). Write the preamble. The preamble introduces the matter, and generally says, "Comes now, the Petitioner/Husband (or Wife) (your name goes here, usually bolded and in all capital letters) and files his Motion to Modify an Emergency Protective Order and further states..."
- 3). Write the body of the pleading. The body includes information on the protective order you would like to modify, including but not limited to the date the emergency protective was filed and why you would like it modified.
- 4). Check state law to see if there are any special provisions that must be included in the body of the motion. This information must also be in the body of the pleading.
- 5). Draft the Wherefore. The Wherefore asks the court to enter an order granting your wishes. The wishes outlined in the Wherefore must match what you have written in the body. If the only thing you want is to modify the emergency protective order, the wherefore should state that you wish the court to enter an order modifying the emergency protective order entered on [insert date].
- 6). Sign the pleading and complete the Certificate of Service. The Certificate of Service states that you forwarded a true and correct copy of the pleading to the other party or her attorney.
Source...