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Pooja Sharma   21 September 2021

protection of Interim Orders

whether protection of Interim orders is maintainable or not ?


Learning

 1 Replies

SUSHREE SAHU   25 September 2021

Hello sir. Your question is not very clear. I am assuming that you are asking about maintainability of interim order for protection. Interim orders can be sought ex parte, without the opposing party's knowledge, or via summons. The Court must be satisfied that there is an element of urgency while the applicant is under the obligation of full and frank disclosure of all material facts and documents related to the interim order sought, due to the drastic nature of an ex-parte interim order and the consequences on the respondent. Furthermore, in order for a Count to grant an ex-parte interim order, the applicant will be required to offer a security, in the form of a guarantee, for any sum granted by the Court in order to cover any potential loss to the respondent if the order sought is obtained incorrectly. When an ex parte interim order is issued and served on the person to whom it is addressed, it becomes binding on that party. The respondent has the right to make an objection to the interim order application, whether it is an ex-parte interim order or a summons application. Except for counselling, decision-making responsibilities (legal custody), support payments, and reimbursing you for costs/damages, an interim order can include all of the protections that a plenary (final) order of protection can, with the exception that it cannot include an order for counselling, decision-making responsibilities (legal custody), support payments, or reimbursing you for costs/damages unless the abuser has filed a general appearance in court or has been personally served. Hope this helps!
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