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Drafting a Temporary Order

What is a Temporary Order?

A Temporary Order, sometimes called a TO, is exactly what it sounds like: an order given by a court to control certain aspects of the case for a limited period of time. For example, a court could use a temporary possession order to adjust which spouse takes control of the children during the divorce process. In many cases, the TO is comprehensive, meaning that it does not solely address custody or child support, but rather that it addresses all of these issues in a single document.

The legal process – especially in large divorces with child custody issues or with a significant amount of shared property – can be lengthy. Because of that, TOs can help maintain social or financial structure while the case progresses. Most of the time, legal dramas refer to every decision by a court as a ruling, and that can be helpful to understand the TO concept. Think of it as a pre-ruling, active until the official divorce is finalized. TOs can also be modified, and to understand what that means for your case, schedule a consultation with the amazing legal team at the Jimenez Law Firm.

What are the Types of Temporary Orders?

Temporary Orders are as varied as the people for whom they are designed. These orders serve a crucial role in providing temporary solutions to pressing issues while the legal process unfolds. They may address a wide range of concerns, from child custody and spousal support to property division and restraining orders.

The unique nature of each case means that no two TOs are identical. The specifics of your situation – the relationships involved, the complexity of your assets, any immediate risks or threats, and other numerous factors – will significantly influence the design of your TO.

We strongly recommend discussing your case with one of our dedicated attorneys. Our team has the expertise to guide you through the complexities of the legal process and help you understand the potential implications of your Temporary Order. We’ll work closely with you to ensure that your TO addresses your specific needs and protects your interests.

Temporary Possession Order

A temporary possession order concerns the possession of children during the divorce process. This type of temporary order can change who has primary custody (or even sole custody) of the children until the final decree of divorce is signed (or until the judge agrees to modify the TO).

Most often, this order is designed to safeguard wellbeing and provide stability and continuity for the children during a time that can be filled with uncertainty and upheaval. Violating the order can lead to serious consequences, including legal penalties and potential damage to one’s case in the ongoing divorce proceedings.

Temporary Child Support Order

A temporary child support order concerns the child support relationship during the divorce process. It governs who pays child support and how much they pay. The order can also remove a person’s child support obligation, as well as how to handle extra payments or overpayments.

Temporary Restraining Order

A temporary restraining order (TRO) is a 14-day (two-week) order put in place by a judge. It is designed to keep one party separated from another during a certain period of the divorce process, or until the TO hearing itself. At that point, the TRO can be modified.

A TRO and a TPO (discussed below) are considered emergency orders. TROs are designed to protect one spouse from another, as well as children and property, if applicable. If you have questions about a TRO and what it means for yourself, your children, or your ex-spouse-to-be, schedule a consultation with our legal team today.

Temporary Protective Order

A temporary protective order (TPO) is a 20-day order put in place by a judge. A TPO is put in place when a spouse faces an immediate threat of danger from the other spouse. If you believe that you or your children are in immediate danger and need a TPO, contact the Jimenez Law Firm legal team to see how we can help with your case.

A TRO can become a Protective Order (PO) after a hearing with the judge. If the PO is accepted, it is valid for twelve months (one year). Violating a TPO is a criminal charge – a felony, in some circumstances – whereas violating a TRO is not. A TRO violation may result in fines and sanctions by the court or judge that issued it, but a TPO violation can result in an arrest. Contact our legal team today to discuss the benefits and drawbacks of each, and what works best for your case.

How Do We Draft a Temporary Order?

When drafting a TO, the Jimenez Law Firm tailors it to what our client needs. Relationships and spouses are not one-size-fits-all, and neither are the TOs that govern the divorce process. At the Jimenez Law Firm, clients are the foundation of everything we do, and their needs are the bricks with which we build every decision, document, and deal.

No two clients are alike, schedule a consultation today to see our award-winning legal team in action.


Call the experienced divorce and family law attorneys at the Jimenez Law firm at 800-219-3779 or contact us online to learn more about how our team can help with drafting a temporary order for your divorce.