Chandler Temporary & Emergency Order Attorneys Helping Clients Feel Safe and Find Answers Fast
Divorce processes can be notoriously slow, even in Arizona, where the utmost care is taken to resolve disputes as quickly as possible. But some matters can’t wait until the divorce is finalized because they involve children and finances, and they require ongoing care and attention. Temporary orders can be a helpful part of legal separation or divorce because they direct a family as to who should do what while the case is ongoing. These orders are critical as they can have a lasting effect on the final order by the judge at the end of the divorce. With such important family decisions at stake, you don’t want to leave anything up to chance. Our skilled and caring legal team can get you the results you need, whether you need temporary orders or protective orders in the case of a spouse who is threatening family members. Reach out to us for a free consultation to discuss the details of your case today at 623-777-3909.
When Would a Temporary Order Be Used?
There are some decisions during a divorce that demand continuing attention and thus cannot be put off until the final court order finalizes the divorce or legal separation. The following are some examples of times when a temporary order can indicate what individuals should do while they wait for a judge’s final decision:
- How to divide community property
- How to handle child custody
- Whether relocation of children is necessary and how it should be done
- Division of parenting time
- Visitation of each of the parents as appropriate
- What child support payments need to occur
- Any payment of spousal support or alimony
- Questions about grandparents’ rights
These family matters can have a huge impact on each spouse and all children in the family during the divorce and continue into the future as the decisions made early on can impact the final orders the judge imposes.
Oftentimes, people don’t realize that temporary orders can be modified by the court if there is a good reason to do so. But please be aware that any modification of these decisions only changes the requirements after the adjustments take place. The changes do not apply retroactively, so any payments made prior to modifying the orders will not be made up. This is important to understand so that all parties will make the best effort to correctly assess the needed child support or spousal support in the beginning, or else the receiving party can lose out on a lot of potential income.
Additionally, while many times the temporary orders do have an effect on the court’s final order, this is not always the case, and one cannot assume what a final order will be based on the temporary mandates. For this and many other reasons, using a family law attorney is critical during the divorce process. To discuss the details of your divorce, contact our Chandler office right away.
How do Emergency Orders Work?
Emergency orders work in a manner similar to temporary orders, but they operate under different conditions. They are intended to be used during emergency situations, such as if one or both parents are potentially endangering the children, and they often result in a change of custody or even a restraining order. These can also cause a modification of child custody or parenting time.
If you find yourself in a situation where you believe an emergency order may be necessary, please contact our law firm right away because having proper legal representation is critical in such a hearing. Your family law lawyer can help you figure out if an emergency order is needed, and then begin the process to request one and make sure you have every protection necessary for you and your children to be safe.
Individuals should recognize that courts take emergency orders very seriously, and as they may have permanent repercussions for the perpetrator, they should not be sought without just cause. Feeling angry at your spouse and wanting to hurt them or separate them from your children, for example, is not enough reason to justify an emergency order. If the court finds that you have filed for an emergency order unnecessarily, you could face being found in contempt of court, resulting in fines and damages. You may also be able to contest an emergency order against you with the help of a skilled attorney like those at The Sampair Group. You can see why it is absolutely critical that you consult with an attorney before taking actions such as petitioning for, or fighting against, an emergency order.
Why Would I Need an Emergency Order?
While emergency orders are required in a handful of very specific scenarios, it may be possible that having one could help your family in the case that your spouse or a family member is involved in harassment of you or your children and is threatening your well-being. Some of the conditions that could call for an emergency order include situations in which your ex-spouse has been arrested or is in danger of engaging in domestic violence against members of your family. Another time when one of these injunctions could be used would be if the other party is engaging in drug or alcohol use, as this could threaten your safety as well.
If such an order is enacted, this could result in a loss of custody or parenting time. In some families, both parents can be found unfit to provide for or properly protect their offspring due to intoxication or drug use. If the parents are unable to care for their children for any reason, an emergency order may be needed to place the child in the care of a third party or even in the custody of the state. Please contact our law firm right away for more information on how to proceed with your petition should you feel that an emergency order is necessary, and we can discuss the details and help you know how to move forward.
Is Hiring a Family Law Attorney the Right Choice for You?
As you go through the divorce process, you may find that you need immediate answers that cannot wait for the permanent order that comes with the finalization of the divorce in the courts. Your questions could pertain to child custody, child support, spousal maintenance, or any number of matters that need urgent attention. These situations may require you to seek temporary orders. If you feel that your family is endangered by the actions of an ex-spouse, an emergency order may also need to be granted. In any of these scenarios, you should have trusted family law attorneys on your side to help you know which path to take and how to get the results you need. The Sampair Group can help. Contact our experienced divorce attorneys today at 623-777-3909.