Phoenix Temporary & Emergency Order Attorneys Helping Families Get Quick Results
Divorce proceedings can sometimes be lengthy, which means the family is in a sort of limbo while waiting for the final decision from the court. However, this can get tricky when important matters can’t be left waiting, such as who will care for children and who has access to what finances. To help families during this time, the court may order what is known as a temporary order so that everyone knows what to do in the meantime. While temporary orders do become null once the final order is given, they can have a lasting or even permanent effect on what the court decides in the final order. With such high stakes as the custody of your children or the division of your assets at stake, don’t leave the temporary orders of your divorce case up to chance. Utilizing our legal team can ensure your case is presented in the best possible manner to achieve the results you need and deserve. Call us today at 623-777-3903 to schedule a free consultation and begin discussing your needs with our talented attorneys.
In What Types of Cases Can a Temporary Order be Issued?
Temporary orders are a valuable part of a divorce or any legal separation because they help a couple know how to conduct business and how to divide family responsibilities while waiting on the court to finalize the divorce, which can sometimes take longer than a family can afford to wait. The aspects of the case that could necessitate a temporary order include but are not limited to the following:
- Child custody (who gets the kids)
- Parenting time or visitation
- Child support
- Spousal support or alimony
- Grandparents’ rights
- Division of property (who gets the car or the house)
These decisions will make a huge impact on the life of each spouse as well as the children if there are any involved. You will want to have an experienced attorney on your side to make sure you are being represented in the best way possible. It is also important to note that the court has the power to modify any temporary orders they issued previously, but the modifications will not usually be retroactive. This can make a difference in what expectations a spouse has when trying to modify spousal or child support orders. It also means that great care must be taken in petitioning for the temporary order so that the correct payments are required from the very beginning. This can ensure that you are taken care of without having to modify any support payments, potentially costing you income that cannot be collected retroactively.
While temporary orders can influence the decision a court makes in its final order, there is also a chance that the final orders can vary greatly from what the temporary orders were, depending on the details of the case. For more information about your specific situation, contact our Phoenix office to schedule your free consultation.
What is an Emergency Order, and When is it Necessary?
An emergency order is very similar to a temporary order, but the circumstances behind it are slightly different. Temporary orders are common in many legal separation and divorce cases, but emergency orders come up only as required in limited circumstances. Some reasons why a spouse may come forward and request an emergency order could be situations such as an ex-spouse being arrested, a spouse using drugs or alcohol and endangering the safety of other family members, or a spouse making threats or becoming violent. In cases where both parents are unable to care for the children, the state would be granted custody. Either parent can request an emergency order during the divorce process. Reach out to The Sampair Group right away to find out if you should request an emergency order.
What Happens in an Emergency Order?
If you feel that you or a member of your family may suffer serious harm from a family member or if your health or safety is severely threatened, you may qualify for an emergency order to modify the current arrangements of child custody or parenting time. The first step you should take is to reach out to a reliable, experienced family law attorney who can help you navigate the difficult situation and legal aspects of an emergency order. If you determine that you may qualify for the order, you would then file a petition with the court to modify child custody in the manner necessary to offer the best protection for the child. One parent simply being angry with the other is not justification for an emergency order. Please note that there are severe penalties for filing for an emergency order when there isn’t a real emergency. By doing so, you could end up being found in contempt of court and even charged with fines or damages from the wrongful filing. Be sure that your emergency order is filed properly and under the right circumstances by using a family law attorney like those at The Sampair Group.
Should You Hire a Family Law Attorney for Your Temporary or Emergency Order?
Family law is a tricky thing to deal with because you are already under the stress of handling a dispute with someone in your own family. Emotions can get in the way and make it difficult to manage the legal aspects of temporary and emergency orders. The last thing you need to worry about is more paperwork when you are trying to resolve issues that affect the most important things in your life: your children and their safety and well-being. Having to divide finances is another important aspect of divorce that can be resolved through temporary orders. Don’t let these important matters get away from you – call The Sampair Group for experienced legal representation that will give you peace of mind and get you the results you and your family deserve. Contact our local Phoenix office right away to discuss your case with one of our talented team members at 623-777-3903.