Divorce and Custody: Frequently Asked Questions

Chapter 4: Temporary Orders

What is a temporary order?
This is an order of the court that addresses various issues in the time period before the granting of the final judgment. It is called temporary because it is not a judgment and none of the provisions are permanent. It is required in cases involving children. Usually the parties can agree on the provisions and the order can be entered without a hearing. If the parties can not agree, the court will hold a hearing to determine the terms and provisions.

What is an ex-parte order?
This is an order of the court that addresses various issues in the time period before the granting of the final judgment. It is called temporary because it is not a judgment and none of the provisions are permanent. It is required in cases involving children. Usually the parties can agree on the provisions and the order can be entered without a hearing. If the parties can not agree, the court will hold a hearing to determine the terms and provisions.

What if my spouse does not follow the ex-parte or temporary order?
The correct procedure is to file a motion with the court asking that the offender be placed in contempt of court. Contempt is a legal term for having violated a court order. If the court finds a party in contempt, it can seek compliance in many ways, including fines or jail time.

Can the terms of the order be changed?
Yes. A judge can change an existing order or create additional ones upon the motion of either party or the court itself. The court will require that a party show good cause why the order should be changed before it will change it. Note: Judgment terms usually can not be changed.

I have been abused in the past. Will a restraining order protect me?
Maybe. I always warn clients to never rely on a court order for protection. Restraining orders are best at stopping continuous harassment and non-life threatening abuse. When you step back and think about it, any person who is pre-disposed to committing a crime, is not going to care about also violating a court order.

What is a PPO?
PPO stands for: Personal Protection Order. This is the new form of the common Criminal Restraining Order.