Many times, clients are concerned about appearing at court for hearings in their temporary orders case, and rightfully so. The unknown, especially when the stakes are high and personal, is intimidating. The first thing you should understand about temporary orders is what happens behind the scenes and prior to the actual court hearing.
WHAT IS A MOTION FOR TEMPORARY ORDERS?
The purpose of temporary orders is to have some rules in place during the divorce process. Clearly, not every divorce case needs temporary orders, but they are a good idea when you and the other party cannot agree on important matters.
Family law concerns that often lead to contention in a divorce include:
- Custody or parenting time
- Child support
- Who can live in the marital home
With temporary orders in place, you can get some basic outlines as to handle these important factors and concerns for the time being. They might change dramatically or not at all by the time your divorce concludes.
WHAT HAPPENS BEFORE THE HEARING?
Either party to a case may motion the court for temporary orders. The party asking the court for temporary orders will file paperwork asking the court to order what they want and why it should be ordered. The other party then has a chance to respond in writing, and may also ask the court for what they want instead. Depending on what the responding party files, there may be some more back-and-forth paperwork, with each party getting a proper opportunity to respond to the other.
WHAT CAN I EXPECT AT THE HEARING FOR TEMPORARY ORDERS?
The Hearing on Motion for Temporary Orders will happen at your assigned courthouse with your assigned commissioner or judge if your district does not have commissioners.
If you have retained the services of our lawyers at Just Law, then you can expect to meet with your attorney just a few minutes before the hearing time so that we can go over anything that may have occurred since our last communication. We will also take that time to remind you of what to do, what you can expect, and that the hearing can be an emotional process.
It is hard to hear the other party say hurtful things that you may not agree with. It is important not to react, though. Making faces or giving “dirty” looks to the other party will likely cause the judge or commissioner to get upset with you.
You will also have to stop yourself from wanting to tell us why what the other side is saying is wrong during the hearing. We need to be listening so we can properly respond. Instead, we will provide you with a pad of paper and a pen. When you hear something you want to respond to, write it down. This way, when it is time for us to respond, we can quickly review the paper and use it if needed.
After each side has made their arguments and responses, the judge or commissioner will make their recommendations, which will become the orders of the court until the final orders are entered at the end of your case.
It is important to follow the temporary orders to the letter. They are enforceable, which means that if either party does not follow them, the other can come back to court and ask the judge or commissioner to make the violating party do what was ordered.
If there is still noncompliance, the violating party may be ordered to pay a fine, do community service, spend time in jail, and pay attorney’s fees for the party who had to bring them back to court. Also, violating a temporary order will certainly not help in the outcome of the final orders.
You can get a FREE consultation with Just Law in Salt Lake City to learn more about the motions of temporary orders. Contact us today by calling (801) 701-3522 and speaking with your divorce attorneys about what is going on. We look forward to helping you navigate your divorce with success.