What are temporary orders?
Temporary Orders can be agreed to or requested when a divorce case is pending or in a modification suit. Many provisions can appear in Temporary Orders including provisions detailing the rights and duties of the parties, provisions for care and support of children, and even provisions outlining payment obligations. A common Temporary Order issued when a spouse files for divorce is a temporary restraining order.
A temporary restraining order is typically issued to preserve property or protect a spouse and/or the children. These orders prohibit actions by one or both of the parties. Temporary restraining orders may be issued with or without notice, but will only be issued without notice where immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing can be had. Temporary restraining orders expire no later than 14 days after the date the order is issued unless it is extended.
Some Temporary Order provisions subject a party to additional obligations. These provisions may require a party to be drug tested, undergo physical and mental evaluations, attend anger management or parenting classes, and may even prevent unrelated adults from staying overnight when a parent is in possession of the child. Other provisions pertain to the parent-child relationship. These provisions may outline the rights and duties of parent, address possession and access to a child, child support, and insurance coverage requirements. In short, there are many issues that may be addressed with a Temporary Order while suit is pending.
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