What are Temporary Orders?
Either party can file a “Motion for Temporary Orders” while waiting for a final court order, provided that a Petition for Divorce, Legal Separation or Annulment, or to establish Legal Decision Making (Custody), Parenting Time, and/or Support has already been filed by either party. You can also file a Motion for Temporary Orders at the same time that you file any one of these petitions.
There are two options when filing for Temporary orders. The most common one is a request for Temporary Orders with notice to the other party. This means that the other party will see a copy of your Motion, and will have advance notice of the court hearing.
Another option is to file a request for Temporary Orders without notice to the other party. You may qualify for Temporary Orders without notice if someone is about to cause serious, immediate bodily harm to another person, or the health, safety, and welfare of a person is otherwise in serious and immediate jeopardy. You must give specific details in your Motion for Temporary Orders about what the emergency is, why your case needs to be heard by the judge before others, and why the situation is so severe that the children need to be taken away without giving the other party an opportunity to defend their rights to their minor children.
What Orders Can I Request with Temporary Orders?
You can request Temporary Orders for child support, spousal maintenance (if you are legally married), exclusive use of the home (if you have the legal grounds), bill payment, legal decision-making, and parenting time.
When Can I file for Temporary Orders?
You can file a request for Temporary Orders either pre-decree (meaning you do not have final court orders yet), or post-decree (meaning you already have final court orders, but are in the process of seeking a modification and/or enforcement of those orders).
What is the Process for Filing for Temporary Orders?
The process starts by filling out a Motion for Temporary Orders. This is how you document the requests you are making to the court. You will also need to obtain an Order to Appear. The Judge will fill out the rest of the Order to Appear with a court date and time after your documents are reviewed by the Court.
If you are requesting Temporary Orders to establish temporary parenting time orders, you will also need to provide a proposed parenting plan within your Motion.
If you are requesting temporary spousal maintenance or attorney fees, you must also fill out an Affidavit of Financial Information (“AFI”). This document tells the court about your financial situation. You will also need to file the AFI, and a proposed child support worksheet if you are seeking child support as well.
After you prepare and file all of your documents with the court, the clerk will direct you to one of the administrative offices or the Judge’s in-boxes (depending on which court location you are at) to drop off your documents. Be sure to bring a self-addressed stamped envelope that is big enough to fit your documents (along with the 2 copies), and put enough postage on the envelope for the Order to Appear (your court date) to it mailed back to you.
The Judge will then fill out the Order to Appear with the date and time of the hearing, and mail these papers back to you.
Once you receive the Order to Appear, you then need to serve the other party with all of the documents you filed with the court.
How Can a Lawyer Help?
We are here and ready to assist you with any of your legal needs. We can draft your Motion for Temporary Orders and accompanying documents for you, file all of your documents with the court, and then serve them upon the opposing party. We can also coach and prepare you before your Temporary Orders hearing, and can meet with you to discuss any questions you may have.
If you find yourself needing assistance of counsel at the hearing, select the Contact Us option below to schedule a consultation with one of our experienced family law attorneys. Please schedule a consultation as early as possible to ensure all of your needs can be fully addressed and to confirm attorney availability for the day of your hearing.