Temporary orders typically refer to orders a Family Court will issue before there has been a trial and final judgment in a divorce proceeding. There are various types of temporary orders available. Regardless of the type of order, procedures must be followed in order to obtain the orders.Temporary Child Support Order
More often than not, couples actually physically separate and live in different residences when a decision to file for a divorce is made. In these cases child support orders are appropriate. You need not wait until a final judgment to obtain child support. You can even file for temporary child support orders at the same time your petition for divorce or your response to the petition is filed.Temporary Spousal Support Order
Temporary spousal support orders can also be obtained without waiting for a final judgment. Temporary spousal support orders are especially necessary if there is a great disparity in incomes and if you or your spouse have moved out of the residence. Like a temporary child support request, a temporary spousal support order can be made at the same time you filed your petition for divorce or your response to the petition.
You and your spouse may initially be able to continue living together while your divorce is proceeding. Suddenly, one of you decides to move out of the residence or decides to not contribute to joint living expenses. In the event of either of these occurrences you can file a request for temporary orders.Temporary Custody and Visitation Order
Hopefully you and your spouse can agree on the actual physical custody and visitation time you will have with the children. It is always best if you and your spouse can agree because it is much easier for both of you to live with your agreement rather than an order from a Family Court. Unfortunately, parents cannot always agree on who will spend time with the children. Temporary orders for custody and visitation can be obtained from the Family Court in these circumstances.Temporary Restraining Order
If you are being abused or harassed, you don't want protection in the future; you need to feel safe right now. A temporary restraining order or an emergency protective order can give you a feeling of safety. In California, if you are being subjected to domestic abuse contact the police immediately to report the crime. They will issue an emergency protective order that will be valid for five days.
If the police cannot help you or if you need a more permanent solution, I can help you file for a restraining order. When filing for a permanent order, the judge can issue a temporary restraining order that will be in effect until the hearing. This temporary order will shelter you from the moment your assailant receives notice of the order until your hearing, which usually occurs two to three weeks later. If your abuser comes in contact with you during this period, the police can arrest him or her. I will represent you and fight for you to get the protection you need to feel secure.Zealous Defense for Those Accused
Accusations of harassment or domestic violence can have an enormous impact on your life. A temporary restraining order can bar you from entering your own home or seeing your loved ones.
I can advise you on your rights and how to avoid violating your restraining order. When it comes time for the hearing, I will aggressively defend your rights and fight to keep you from getting a permanent restraining order on your record.
If you anticipate needing a lawyer to assist with any temporary order, do not hesitate to call me at (408) 297-0700 or via our online form.