Temporary Domestic Order Lawyers

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What’s a Temporary Domestic Order?

A temporary domestic order is a type of court order that is issued in connection with certain legal proceedings, namely divorce or legal separation.  The order lasts for a temporary amount of time, but is enforceable under penalty of law for the time it is valid. 

A temporary domestic order will usually address various issues related to the breakup of the relationship, such as: debt distribution, anti-harassment provisions, specific child visitation instructions, and other specific details that need to be addressed with immediacy. 

Other more important issues such as child custody and property distribution may require a more permanent court ruling in order to be fully processed. 

How Long Will a Temporary Domestic Order Last?

This will depend on the exact instructions contained in the order.  Some temporary domestic orders function more like an injunction, and may require one party to perform certain acts (such as paying debt owed to the other party).  In such cases, the order will terminate once the conditions are fulfilled.

Other temporary domestic orders may prohibit a party from doing something during a certain time period.  For example, order may prohibit one parent from bringing a child out of state.  For these types of instructions, domestic order will usually state a time frame in which the provisions will be upheld.

Can a Temporary Domestic Order be Modified?

Usually they can be modified if necessary in the future.  The assistance of an attorney is usually needed when first filing for a domestic order, and also when seeking to modify one.  On the other hand, the duration of a temporary domestic order can sometimes be so short that it might make more sense to apply for a new one once the old one expires. 

If needed, a party can file for an emergency protection order.  This may be required in situations that require immediate protection for one of the spouses from the other party.  This is different from a domestic order in that it focuses specifically on issues of abuse or violence.

Do I Need a Lawyer For a Temporary Domestic Order?

Temporary domestic orders may be needed in some divorce or separation cases.  It’s in your best interests to hire a family law attorney in your area for help with such court documents.  Your attorney can provide you with valuable legal advice during the process, and will be able to represent you in court if you need to make an appearance.

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Last Modified: 12-18-2012 02:22 PM PST

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