Temporary orders from the divorce court are extremely important for the reason that when spouses are fighting with each other all sorts of difficult financial, emotional and physical situations arise that must be decided at least on a temporary, even emergency basis by the court.
Habeas Corpus Petition
When one of the spouses has obtained an unfair court order to take a child out of the custody of the other spouse that spouse can file a Habeas Corpus Petition formally objecting to the detainment or imprisonment order by court in favor of the other spouse concerning a child or other family member. The petition must state all reasons that the temporary custody order was in legal or factual error and request that the order be vacated and the child returned to the custody of the petitioning spouse or at minimum the court order shared temporary custody of the child.
Motions for Preliminary Orders
Many times divorcing couples are unable to come to any agreement and the court must become involved to temporarily decide issues of spousal support, child support, custody and use of marital property such as the marital home, automobiles, and other personal property temporary use issues while the divorce action is pending. Many times the court will hold a preliminary order hearing in order to hear from both sides concerning fairly resolving these types of issues.
Restraining Orders
Temporary and permanent restraining orders are available to spouses, children and other family members against a physically, mentally or sexually abusive spouse. These orders will be enforced by the police and failure to observe this order can result in the offender being jailed. An abusive spouse can be ordered by the court to move out of the family home until the divorce is resolved and judgment final.
Order to Show Cause
Usually when a spouse violates a court order to pay child support or spousal support the court will order a show cause hearing to hear his or her side of the story before finding that spouse in contempt of court and taking further action such as jailing the spouse. The offending spouse is given one last chance to explain his or her financial situation to the judge to defend the failure to comply with the order to pay support.
Getting Legal Help
If you or a member of your family is involved in a highly contested divorce action it would be helpful to contact a divorce attorney to gain valuable insight and guidance on how to handle temporary divorce court motions.
