Temporary orders are an option for quicker resolution of time-sensitive matters, such as parenting time or support. They are intended to maintain the status quo as much as possible until permanent orders enter in a domestic relations case. Temporary orders are helpful for those who desire a faster, temporary resolution. The hearings are expedited and usually occur within 45 days. Temporary orders can cover matters such as support and parenting time when parties can not agree on their own arrangements, as well as provide for use of the marital home.
Domestic Relations cases can take varying amounts of time to complete depending on factors such as whether discovery, i.e. information gathering, from the other party is required. Temporary orders hearings can be especially important in cases where one parent is being denied access to the children or where one party requires financial support from the other. The temporary orders hearing is much shorter than a permanent orders hearing; often is set for just an hour, however it is important because it creates a precedent. If the precedent is effective, courts may be inclined to continue it at a permanent orders hearing. As with any legal matter, agreements between the parties can avoid hearings and there are many advantages to that approach, to include more constructive future family relationships.
Temporary orders do not address non-urgent issues, such as equitable distribution. Some jurisdictions are less likely to grant a temporary orders hearing. You may need to request a temporary orders hearing at the initial status conference (ISC). The ISC is the first meeting in the court setting and it generally takes place within 42 days of case filing. In other jurisdictions, the court requires a motion for temporary orders which must explain why a temporary order is needed. Temporary orders hearings are different from emergency hearings, which are even more expedited hearings. Emergency orders hearings are decided under a child endangerment standard. You can find more information about emergency orders on the emergency orders practice page.
Like a permanent orders hearing, a temporary orders hearing involves the presentation of evidence. Testimony from parties and witnesses and the submission of evidence is involved. Parties can always reach agreement prior to the temporary orders hearing, which can then be filed as a stipulation with the court. Temporary orders hearings may involve simpler procedures. Unlike a permanent orders hearing, disclosure of witnesses or submission of a joint trial management certificate may not be required prior to the hearing. Mediation is often required prior to a temporary orders hearing.
Permanent orders eventually replace temporary orders. Violations of temporary orders are subject to enforcement and contempt of court proceedings while they are in effect. Temporary orders can also be modified, particularly as to support or parenting time, however in practice this rarely happens because such changes would be addressed at the permanent orders hearing.
Is it time to turn change into opportunity? At Janko Family Law Solutions we know how to work with you to reach your transition goals. We are committed to pursuing settlement to preserve family relations to the maximum extent possible, however also zealously represent your interests in contested litigation if desired or necessary. Give us a call for a complimentary case assessment at 719-344-5523, or fill out our confidential online intake form.