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Example - Delaware 456 Form

Form 456 (Rev 04/10)

The Family Court of the State of Delaware

In and For New Castle

Kent

Sussex County

MOTION TO MODIFY, EXTEND OR VACATE ORDER OF PROTECTION FROM

ABUSE

Movant

v. Respondent

Name

     

Street Address

     

Apt. or P.O. Box Number

     

CityState Zip Code

     

  

     

Attorney Name and Phone Number

 

          

Name

     

Street Address

     

Apt. or P.O. Box Number

     

CityState Zip Code

     

  

     

Attorney Name and Phone Number

 

          

File Number

     

Petition Number

     

If a hearing is scheduled in this matter, will Respondent need an interpreter?

Yes (If yes, specify language      

)

 

 

 

No

Movant

Respondent respectfully moves this Court to

Modify

Extend

Vacate the Order of

Protection from Abuse that was entered in this matter on

 

     

 

 

. In support of this

Motion, the Petitioner/Respondent states as follows (Please describe in as much detail as possible the Reason(s) that you want the Order of Protection from Abuse to be modified, extended, or vacated.)

     

     

     

     

     

     

     

     

     

WHEREFORE, the Movant seeks the following relief: (Please list the action you wish the Court to take.)

     

     

     

     

     

     

     

     

     

     

     

     

If a hearing is scheduled in this matter, will Petitioner need an interpreter?

 

 

Yes (If yes, specify language

     

)

No

Movant’s Signature

Form 456 (Rev 04/10)

VERIFICATION

STATE OF DELAWARE

)

 

 

) ss.:

COUNTY OF

 

)

_______________________________________, being duly sworn, says:

I am the Movant in this action. I have read the above Motion and know to the best of my knowledge that the facts contained therein are true.

Subscribed and sworn before me on this date,

Movant

 

Date

 

Notary Public

 

I, the Movant, affirm that a true and correct copy of this Motion was placed in the U.S. Mail on the

day ofand sent to the other party or attorney at the address listed on the petition, first class postage pre-paid.

Movant

Sworn to subscribed before me this ______ day of ______________________, _________

Clerk of Court/ Notary Public

Delaware 456: Usage Guide

After gathering the necessary information, you are ready to fill out the Delaware 456 form. This form is essential for individuals seeking to modify, extend, or vacate an existing order of protection from abuse. Follow the steps below to ensure accurate completion of the form.

  1. Begin by entering the name of the Movant (the person filing the motion) at the top of the form.
  2. Fill in the Movant's street address, including the apartment or P.O. Box number, city, state, and zip code.
  3. Provide the name and phone number of the attorney representing the Movant, if applicable.
  4. Complete the section for the Respondent by entering their name and address details in the same format as for the Movant.
  5. Record the file number and petition number in the designated spaces.
  6. If a hearing is scheduled, indicate whether the Respondent will need an interpreter by checking "Yes" or "No." If "Yes," specify the language required.
  7. Clearly state the request to the court by checking the appropriate box for Modify, Extend, or Vacate the order of protection.
  8. Provide a detailed explanation of the reasons for the motion in the designated area. Be as specific as possible to support your request.
  9. In the "WHEREFORE" section, list the specific relief sought from the court.
  10. If a hearing is scheduled, indicate whether the Petitioner will need an interpreter by checking "Yes" or "No." If "Yes," specify the language.
  11. Sign the form in the space provided for the Movant’s signature.
  12. Complete the verification section by stating your name and affirming that the information is true to the best of your knowledge. Include the date of signing.
  13. Have the form notarized by a Notary Public, who will sign and date it.
  14. Finally, affirm that a true and correct copy of the motion was mailed to the other party or attorney, and include the date of mailing.

Documents used along the form

The Delaware 456 form is a crucial document used in family court to request modifications, extensions, or vacating of protection orders. Alongside this form, several other documents may be necessary to support the motion or provide additional information. Below is a list of commonly used forms and documents that often accompany the Delaware 456 form.

  • Form 457: Petition for Protection from Abuse - This form initiates a request for a protection order. It outlines the reasons for seeking protection and includes details about the relationship between the parties involved.
  • California Motorcycle Bill of Sale - Essential for recording the transaction details of motorcycle sales, ensuring a formal agreement and legal compliance, visit https://smarttemplates.net/fillable-california-motorcycle-bill-of-sale/ for more information.
  • Form 458: Notice of Hearing - This document informs the parties involved about the date, time, and location of the hearing regarding the motion. It ensures that all parties have adequate notice to prepare for the proceedings.
  • Form 459: Affidavit of Service - This form confirms that the other party has been served with the necessary documents. It includes details about how and when the documents were delivered, ensuring compliance with legal requirements.
  • Form 460: Response to Petition for Protection from Abuse - The respondent uses this form to provide their side of the story. It allows them to contest the claims made in the initial petition and present their defense.
  • Form 461: Motion for Continuance - If a party needs more time to prepare for the hearing, they may file this motion. It requests a delay and must provide valid reasons for the request.
  • Form 462: Financial Disclosure Form - This document may be required to assess the financial circumstances of the parties involved. It provides transparency regarding income, expenses, and assets.
  • Form 463: Child Support Worksheet - If children are involved, this worksheet calculates the appropriate amount of child support based on income and other relevant factors. It helps the court make informed decisions regarding financial support.
  • Form 464: Parenting Plan - In cases involving children, this plan outlines how parenting responsibilities will be shared. It addresses custody arrangements, visitation schedules, and decision-making processes.

These documents work together to facilitate the legal process surrounding protection orders in Delaware. Each form serves a specific purpose, ensuring that all parties have the necessary information and support to navigate the family court system effectively.

Key takeaways

When dealing with the Delaware 456 form, it's crucial to understand its purpose and the process involved. Here are key takeaways to keep in mind:

  • Purpose of the Form: The Delaware 456 form is used to request modifications, extensions, or vacating of an existing Order of Protection from Abuse.
  • Identifying Information: Ensure that you fill in all required fields, including names, addresses, and relevant attorney information, to avoid delays.
  • Clear Reasons: Provide detailed explanations for why you are seeking to modify, extend, or vacate the order. Clarity is essential for the court's understanding.
  • Relief Sought: Clearly state the specific action you wish the court to take. This helps the judge know exactly what you are asking for.
  • Interpreter Needs: If either party requires an interpreter, indicate this on the form. Specify the language to ensure proper accommodations.
  • Signature Requirement: The form must be signed by the Movant, affirming that the information provided is accurate to the best of their knowledge.
  • Verification Process: The Movant must have the form notarized, which adds an extra layer of authenticity to the submission.
  • Mailing the Motion: After completing the form, send a true and correct copy to the other party or their attorney via U.S. Mail, ensuring it’s postmarked appropriately.
  • Timeliness: Submit the form as soon as possible, especially if a hearing is scheduled. Delays can impact the outcome of your request.
  • Consultation: If unsure about any part of the process, consider seeking legal advice to ensure your motion is properly prepared and submitted.

Understanding these key points can make a significant difference in the effectiveness of your motion. Take the time to complete the form accurately and thoughtfully.

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File Details

Fact Name Description
Form Purpose This form is used to request a modification, extension, or vacation of an Order of Protection from Abuse in Delaware.
Governing Law The form is governed by Delaware law, specifically Title 10, Chapter 104, which pertains to protection from abuse.
Filing Locations Forms can be filed in the Family Court of New Castle, Kent, or Sussex County, depending on where the case is located.
Interpreter Services The form includes a section to indicate if an interpreter is needed for either party during a scheduled hearing.
Signature Requirement The Movant must sign the form, affirming the truth of the statements made within the motion.
Verification Section A verification section is included, where the Movant swears that the information provided is true to the best of their knowledge.
Mailing Requirement The Movant must affirm that a true copy of the motion was mailed to the other party or their attorney.
Revocation Date This version of the form was last revised in April 2010, indicating its official usage period.
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