There are several methods to obtain court ordered temporary orders including the following:
(1) Ex Parte – certain interim orders may issue on an ex parte basis, which means without formal notice and a hearing. These are used on an emergency basis. There are certain notice requirements and timing factors that are required. It is important to consult with an attorney to make sure all your bases are covered so your ex parte is filed appropriately.
(2) After Noticed Hearing – ex parte orders are short in duration but they may be expanded or modified after a noticed hearing. After a noticed hearing the court can grant other orders that are not subject to the ex parte order. Filing an Order to Show Cause is the most commonly used noticed hearing. There are many forms that are required and have to be completely properly so it is important to seek counsel to represent you during this process and appear with you at the hearing.
(3) By Stipulation – if the parties agree to temporary orders, a stipulation can be prepared, signed by all parties and filed by the court and will be a court order. This would avoid the expense and delay of a court hearing. It is important to have an attorney prepare the stipulation in the proper form to ensure that the court will sign the stipulation and make it a court order.
As you can see there are many rules and timing requirements in order to get temporary orders. In order to protect your rights and help you , you need to seek a knowledgeable family law attorney. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a getting temporary orders, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation.
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