- Both of these types of court orders can include orders related to issues including money, the place you live, personal items, maintenance (alimony), safety, child support, parenting plans, and Guardians ad Litem.
If you really want a court to enter orders saying who has temporary custody of a child or temporary possession of a home or vehicle, instead of filing for a protection order, you may want to file a family law case and ask for temporary orders, or even an immediate restraining order.
Temporary orders can give you certain rights and/or protections after your family law case has started, but before it is final. Courts grant these orders only after notice has been given to the other side and there has been a hearing before a judge or commissioner where each party can speak and present evidence.
The types of temporary orders you can get include, but are not limited, to these:
- Temporary parenting plan
- Temporary child support order
- Temporary spousal support order
- Temporary restraining order
- Temporary order regarding possession of a home
- Temporary order regarding payment of bills
We have packets with forms and instructions for getting temporary orders in various types of family law cases:
If this is an emergency and you think you need an order that immediately restrains the other side from contacting or coming near you or your child, think about asking for an immediate restraining order. If granted, immediate restraining orders take effect right away and remain in effect until the court can hold a hearing. At that time, a judge or commissioner will decide if there is reason to continue the order.
Immediate restraining orders are for emergencies only. You ask for this order usually with little or no advance notice to the other party. To get an immediate restraining order, you must prove that unless the court grants the order now, irreparable harm will happen.
We have packets with forms and instructions for getting immediate restraining orders in various types of family law cases:
* Whether to file a family law case, or whether to ask for immediate or temporary orders, can be complicated. It depends on many factors. Talk with a lawyer before making this decision.