A temporary order is a legal order that grants a person certain rights and protections during divorce, separation or parentage proceedings. It can be requested by either party at any point between the filing of the Summons and Petition and the finalization of the case.
During a divorce, separation or custody battle, a temporary order serves as a court order that provides a person with specific rights and protections before the finalization of the legal proceeding. A party can request a temporary order at any time between the filing of the initial Summons and Petition and the day the case becomes final.
Temporary orders can address a variety of issues related to divorce or custody battles, including child custody and visitation schedules, child support, spousal support, and the use of marital property. These orders are designed to maintain the status quo while the legal proceedings are ongoing and to ensure that both parties and any children involved are adequately protected and provided for.
Temporary orders can be agreed upon by the parties involved, or the court may issue an order after a hearing or trial. Once a final order is entered, the temporary order will no longer be in effect. The terms of the temporary order may be incorporated into the final order if they continue to be appropriate and relevant to the situation.
Regrettably, it’s a common occurrence for homeowners and contractors to forego formal written agreements, instead relying on bids or invoices. This practice has resulted in numerous lawsuits due to misunderstandings that could have been avoided if the parties had clarified their expectations from the outset. To prevent such conflicts, it’s crucial to include specific construction tasks in writing, written change orders for any work beyond the original contract, an attorney’s fees clause, payment dates and schedules, and a total project cost not to exceed. If you’re a homeowner and a contractor took your deposit but failed to complete or poorly executed the work, you can seek legal action against them and their bond if available.
On the other hand, if you’re a contractor and a homeowner refuses to pay you for your agreed-upon work, you can file a lien on the property where the work was carried out to secure payment.
Temporary Orders in Cases That Involve Spousal or Child Abuse
Temporary orders can be used in cases of domestic abuse in divorces. In fact, obtaining a temporary order for protection is often one of the first steps taken by someone who has experienced domestic violence. The temporary order may include provisions such as prohibiting the abuser from contacting or coming near the victim, awarding temporary custody of children, and ordering the abuser to vacate the family home. These orders provide immediate protection to the victim while the divorce proceedings continue.