Standing Order in Family Law

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What Is a Standing Order?

In a family law setting, the term "standing order" refers to the validity of a court order. This simply means that the order is active and currently enforceable (in contrast to an expired or invalid order). Standing orders usually refer to temporary orders such as temporary restraining orders or temporary custody orders. However, they can be used to describe the status of more permanent or long-term orders as well.

When Are Standing Orders Issued?

Standing orders are often issued in the context of various situations, including:

Each standing order may be different depending on the legal issue at hand. For instance, on court order might focus solely on child support payments. In another case, the order may focus on the division of property between two former spouses in a divorce.

When Do Standing Orders Expire?

The order may also contain instructions regarding its expiration date. Again, this also depends on the situation at hand. The order may state a specific date, such as after two months. Or, the expiration may be dependent on a condition, such as if one party completes counseling classes. This all depends on the judge’s discretion.

A party to a case can sometimes request for a standing order to be modified or terminated. This is especially common in cases involving child support or spousal support. In some cases, the support order may be modified after changed life circumstances, or if the party reaches the age of majority.

Do I Need a Lawyer for Help with a Standing Order?

Standing orders are legally enforceable, and violating one may result in civil or criminal consequences. You may wish to hire a lawyer if you need help with a standing order. Your attorney can provide you with legal advice and can help you obtain or modify a standing order. Also, if you need to contest a standing order, your attorney can help with that as well.

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Last Modified: 02-26-2014 12:30 PM PST

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