Temporary Orders in Family Court

What are Temporary Orders?

Temporary orders are legally binding decisions a family court makes to address immediate needs and maintain stability during a family law case.

These court orders can determine children’s temporary custody and visitation schedules, allocate spousal support, manage property and debt responsibilities, and more.

The primary aim of these orders is to establish a temporary but enforceable arrangement that protects the interests of all parties until a final resolution is reached.

Hypothetical Scenarios Illustrating the Need for Temporary Orders

Temporary orders are crucial in providing stability and fairness during family law proceedings.

The scenarios below highlight different circumstances where these orders are helpful and essential.

Scenario 1: Child Custody Order and Safety

Jane and John are going through a divorce. Jane has concerns about John’s ability to safely care for their two young children due to his recent issues with alcohol dependency. She files for temporary child custody and requests supervised visitations for John. The temporary order aims to protect the children’s well-being and safety while allowing their relationship with John to continue in a controlled environment.

Scenario 2: Financial Support

After deciding to divorce, Linda, who has been a stay-at-home mom for 15 years, finds herself without immediate financial resources. Her husband, Mark, has a high-paying job. Linda requests temporary spousal support and child support to maintain her living conditions and care for their children. This order provides Linda with the necessary financial support to cover her daily expenses and those of her children during the divorce proceedings.

Scenario 3: Protection from Domestic Violence

Emma is seeking a divorce from her husband, Alex, after instances of domestic abuse. She applies for a temporary restraining order against Alex to prevent any contact with her and their daughter. The order protects Emma and her child from potential harm and ensures their safety during legal proceedings.

Scenario 4: Preservation of Property

Greg and Sarah are separating, and Greg is concerned that Sarah might liquidate or hide assets that should be equitably divided. He requests a temporary order to prevent Sarah from selling significant assets like their home or shared business until the divorce is finalized. This order helps ensure that the assets remain intact and are properly assessed during the division process in the divorce.

Scenario 5: Access to Marital Home

Michael moves out of the family home during a separation. He seeks a temporary order for a schedule allowing him to visit the children at the family home. This order facilitates ongoing parent-child relationships in a structured manner that respects the living situation during the transitional period of the divorce.

Scenario 6: Risk of Flight with Children

Alice and Bob are in the process of divorcing. Alice discovers that Bob has been looking into international travel and has expressed a desire to return to his native country with their two children, which is against Alice’s wishes. She files for temporary full custody of the children and requests restrictions on Bob’s ability to take the children out of the state or country. This temporary order is critical for preventing Bob from potentially fleeing with the children, which would complicate custody arrangements and could place the children in an unstable situation. It aims to maintain the status quo and ensure the children’s safety and accessibility during the ongoing custody evaluation and divorce proceedings.

How to Request Temporary Orders in Family Court

Requesting temporary orders involves several steps:

1. Filling out a petition filed with the court: The party seeking the order must file a motion or petition outlining the need for temporary relief.
2. Supporting documentation: Attach all relevant documents and evidence supporting the need for the order.
3. Service of process: The other party must be notified of the petition properly.
4. Hearing: A typically scheduled hearing where both parties can present their arguments.

The forms and specific procedures in Arizona can vary by county but generally follow this framework.

Response to the Request for Temporary Orders

Once a petition for temporary orders is filed, the opposing party can respond.

This response should address the points raised in the initial petition, potentially including counterarguments or alternative proposals for the temporary orders.

This stage is crucial as it sets the stage for the court’s understanding of each party’s position and needs.

Difference Between Temporary and Permanent Orders

While temporary and permanent orders address similar issues, temporary orders are temporary.

They are intended to last up to the finalization of the divorce or case resolution.

On the other hand, permanent orders are designed to last indefinitely or until legally modified. 

Typically, these orders remain in effect until the final orders are issued at the end of a case, such as a divorce or custody decision. 

The duration can vary widely depending on the case’s complexity and how long it takes to reach a final decision. This can often mean temporary orders are in place for several months to over a year.

Status Conference

When temporary orders are in effect, a judge may schedule status conferences to review the case’s progress and ensure that temporary measures are still serving their intended purpose.

These conferences allow both parties to update the court on any new developments and discuss the effectiveness of the temporary orders. A judge might use a status conference to adjust existing orders, address compliance issues, or expedite proceedings if necessary.

This proactive approach helps to maintain fairness and adequacy of the temporary arrangements until a comprehensive resolution can be reached. Status conferences thus play a crucial role in managing the ongoing dynamics of a case, ensuring that temporary solutions remain aligned with the best interests of all parties involved.

Overlap and Differences Between Temporary Orders and Emergency Orders

In family law, both temporary and emergency orders serve critical functions by addressing urgent needs during legal proceedings. However, it is important to understand the key distinctions and overlaps between these two types of orders.

Overlap in Purpose

Both temporary and emergency orders are designed to provide immediate relief and protection when waiting for a standard legal process, which could result in irreparable harm or significant disadvantage to one party. They both aim to stabilize the situation until a more thorough court review can be conducted. Common areas addressed by both orders include child custody, financial support, and protection from harm.

Differences in Urgency and Procedure

The primary difference between temporary and emergency orders lies in the urgency and the procedural requirements involved in obtaining them:

• Emergency Orders: These are granted without the usual notice to the other party when there is an immediate and present risk of harm. For example, if there is a threat of domestic violence, abduction of a child, or immediate financial harm, a court may issue an emergency order expeditiously—often within 24 hours. Emergency orders require substantial evidence that waiting even a few days could result in serious harm. The party against whom the order is issued typically has the right to a prompt post-order hearing to contest it.
• Temporary Orders: While still designed to address significant issues that should be completed at the end of a case, obtaining temporary orders is less immediate than emergency orders. Temporary orders are usually issued in the context of ongoing legal proceedings and require both parties to be notified and given a chance to be heard. The process involves filing a motion, providing notice to the other party, and often participating in a scheduled hearing where both parties can present their case.

Duration and Scope

Emergency orders are typically very narrow in scope and shorter in duration, designed to last only until a more formal hearing can take place.

On the other hand, temporary orders have a broader scope and are intended to last until the legal matter is resolved or a final order is issued. They provide a more stable and prolonged arrangement to ensure ongoing protection, support, and structure during a case’s pendency.

Understanding these distinctions helps parties effectively navigate their options during family law disputes, ensuring they seek the most appropriate form of legal protection and support based on their immediate and ongoing needs.

Why Retain Counsel Rather Than Being a Per Se Party

Navigating family court without legal representation can be challenging, especially given the complexities of law and the high emotional stakes involved.

An experienced attorney can provide strategic advice, manage legal filings, and advocate effectively on your behalf, significantly increasing the chances of a favorable outcome.

How an Attorney Can Help You File for Temporary Orders

As a family law attorney at Colburn Hintze Maletta Law, our role in assisting clients with filing for temporary orders during family law proceedings is critical.

Our expertise and strategic guidance greatly enhance the effectiveness and appropriateness of the orders sought. Here’s how we support our clients in this vital area:

① Expert Advice on Legal Rights and Options

At CHM Law, our attorneys provide detailed insights into the types of temporary orders you can request based on your specific circumstances. Whether the issue involves custody, support, protection, or property matters, we will explain your legal rights and the potential outcomes of filing for various temporary orders.

② Preparation and Filing of Necessary Documentation

Filing a motion for temporary orders requires meticulous paperwork, including petitions, financial affidavits, and other supporting documents. Our attorneys ensure that all paperwork is accurately prepared and duly filed. This includes crafting a compelling argument for why these orders are necessary, which can significantly influence a judge’s decision.

③ Representation at Hearings

Hearings for temporary orders often require nuanced legal arguments and a clear presentation of facts. Our attorneys represent you at these court hearings, presenting your case professionally and persuasively. We also prepare you for any testimony you might need to provide, coaching you on answering questions effectively and explaining your concerns.

④ Negotiation with the Opposing Party

In many cases, the parties can agree on temporary orders before reaching the judge. Our attorneys can negotiate on your behalf to reach a mutually agreeable solution, potentially saving you time and reducing conflict.

⑤ Ensuring Compliance and Enforcement

After temporary orders are granted, ensuring compliance is crucial. Our attorneys help monitor and enforce the orders, taking action if the other party fails to comply and providing advice on handling violations.

⑥ Adjustments and Modifications

As circumstances change, temporary orders may need to be adjusted. Our attorneys can file for modifications to the orders to suit your changing needs better or respond to the changing circumstances of the opposing party.