Cohen Family Law Firm


What Is A Temporary Order Under Family Law?


A temporary order, which could also be referred to as an interim order, is order that is put in place for a period of time, pending either a hearing or another custody matter. A temporary order is essentially just what it sounds like. It’s an order that is not final, and will only be valid for either a definite or indefinite period of time, depending on the individual circumstances of the case.

How Can Someone Apply For A Temporary Order?

You don’t apply for a temporary order. One example where a temporary order could be entered is if there is a complaint for custody where there is no existing custody order. At the first court appearance, if the parties cannot agree on custody, it is possible that a temporary custody order would be entered, pending the outcome of a custody hearing or custody trial. The other possible way a temporary order be entered is if a proceeding is not completed, and there is either a status date in the future or perhaps one party has something that they need to do or complete in order to pursue what it is that they want.

Sometimes a temporary order will be entered that would potentially modify an existing custody order, but most of the time, you are not applying for a temporary order. A temporary order is a byproduct of the proceeding towards whatever the end goal is.

What Can Someone Expect At A Temporary Order Hearing?

At a temporary order hearing, one should expect to be directly questioned by the custody master or the judge. Depending on what exactly the person is there for, and what they are trying to achieve, their lawyer can really set the proper expectations, in terms of what might happen and what results are likely or realistic.

What Can I Do To Prepare For This Hearing?

The best thing to do is to meet with your lawyer. Depending on the issues that are being raised and what the goal is, the lawyer will determine the preparations that are required for the hearing. Some hearings require more preparation by the client than others. For example, if there are extensive text messages back and forth between the parties on issues regarding custody, it’s very helpful for a client to have those printed out in a hard copy with each person’s cell phone clearly identified so you can tell who is who and follow the conversation. But every case is so fact-specific that really the best thing to do is to consult with your lawyer for any specific preparation required for your hearing.

Can Issues That Are Not Enlisted In The Motion Be Discussed At The Temporary Orders Hearing?

Sometimes issues that are not listed in the motion can be discussed at the temporary order hearing. It depends on what the issue is, and who the judge is. Some judges will have more leeway in terms of what they will allow to be brought, up but a temporary order is usually the result of some fairly brief court interaction where there is not a whole lot of detail. Typically a judge will try to put something in place that will work, but it’s not meant to be perfect.

Can I File Another Motion If More Issues Arise Later On?

You can always file another motion is more issues arise later. But the issues can be raised in a hearing that is already scheduled and pending. Once a hearing is scheduled in front of a judge, it’s usually a good idea to bring up all of the issues. If the judge does not want to hear one or more of those issues, they will certainly let you know. But if there is still a court date pending out in the future, those issues can be raised at that time.

How Soon Does The Decision Take Effect Once A Temporary Order Motion Is Granted?

The temporary order is in effect as soon as the judge signs it.

How Long Do Temporary Orders Last?

Sometimes, the temporary order lasts until the next hearing, and sometimes it would be a temporary order until one party or the other party does something. In that case, that would be more of an indefinite time period, as opposed to a definite time period.

For more information on Temporary Orders Under Family Law, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (267) 238-3841 today.

Call for a Free Consultation
(267) 238-3841

Follow Us On