Temporary Orders

Temporary Orders

Family law matters involving divorce and custody issues often take months, sometimes years, to resolve. Courts have busy calendars. When an initial petition is filed, the court’s first available hearing dates are often months into the future. This means that after the initial petition is filed there will be a period of time in which there is no final resolution in the matter, and the issues are simply pending.

During this time, temporary orders can provide an excellent avenue for relief for parties seeking a more immediate, albeit temporary, resolution to issues. Temporary orders, as their name suggests, are court orders that remain in place while the final outcome is pending. They can cover issues including legal decision-making, parenting time, child support, spousal maintenance, property disposition, or even attorney’s fees.

The Arizona Rules of Family Law Procedure and Arizona Revised Statutes govern temporary orders (see e.g., A.R.S. § 25-404 re temporary orders for parenting time and legal decision-making). As a general matter, if you want temporary orders to be entered in your matter, you will need to file a request for a temporary orders hearing. Under Rule 47 of the Arizona Rules of Family Law Procedure a separate, verified motion must be filed (after or at the same time as the initial petition). The court, generally, will not hold a temporary orders hearing without a request first having been made.

Sometimes there is a situation that is so time-sensitive that “emergency” temporary orders need to be entered without giving notice to the other party. Basically, in certain emergency situations, the court will allow you to go to the front of the line to have your case heard. However, a motion for emergency temporary orders should only be filed under certain circumstances. Some such circumstances include if someone is about to cause serious bodily harm, or the health, safety, or welfare of another person is in jeopardy.

It is important to remember that temporary orders by their very nature are temporary, meaning they generally remain in effect only until final orders have been entered in the issues.

The experienced attorneys at Giordano Spanier & Heckele, PLLC can provide you with excellent representation in family law matters, including those in which temporary orders are involved. CALL TODAY for a consultation: (520) 495-0869. Or email us at info@reallawtucson.com.