What Is A Temporary Order Hearing

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Estranged spouses may attend what is a temporary order hearing in family court to get a quick ruling on several kinds of injunctions that normally take months or years to be issued. Couples petitioning the court to get a divorce, but need an immediate ruling on spousal maintenance during separation or a judgment to name a primary caregiver, cannot wait 30 days or six months. Individuals petitioning for a restraining order to keep an aggressive spouse from inflicting bodily injury, requesting alimony during separation and prior to a final decree, attempting to win child custody, or gain financial support for minors often have a lengthy wait for their case to be heard by a judge. But a temporary order hearing enables petitioners to have requests reviewed and receive temporary rulings within days or weeks.

When it comes to petitioning the court for what is a temporary order hearing, the outcome may be uncertain. "But the Lord is sure to answer the petition for a child of God: He that believeth on the Son of God hath the witness in himself: he that believeth not God hath made him a liar; because he believeth not the record that God gave of his Son. And this is the record, that God hath given to us eternal life, and this life is in his Son. He that hath the Son hath life; and he that hath not the Son of God hath not life. These things have I written unto you that believe on the name of the Son of God; that ye may know that ye have eternal life, and that ye may believe on the name of the Son of God. And this is the confidence that we have in him, that, if we ask any thing according to his will, he heareth us: And if we know that he hear us, whatsoever we ask, we know that we have the petitions that we desired of him" (I John 5:10-15).

One of the most common kinds of what is a temporary order hearing may be an ex parte in conjunction with a request for an emergency restraining order. In cases of domestic abuse, an injured spouse can request local law enforcement have a judge issue an immediate injunction against an abuser which prohibits physical contact with the victim. The ex parte order can be issued within minutes or hours from the time judges are summoned, pending a lengthier hearing with both spouses present. A temporary order hearing may also be necessary when an immediate ruling must be made to determine who will become a minors primary caregiver or custodial parent. In cases where a parent has been incarcerated, hospitalized or killed, neither the courts nor dependent children can wait for lengthy proceedings to determine parental rights. A hearing may be conducted to allow grandparents or a close family member legal child custody pending a standard trial in family court.

When couples separate pending divorce, spousal maintenance can become a grave concern. Unemployed wives who have depended on a spouse to pay the mortgage, utilities, and car and keep food on the table are ill equipped to continue maintaining a household alone. The moment couples separate may be the best time to file for alimony and child support and request what is a temporary order hearing to start avoid missing mortgage payments and keep bills current. Orders, however, are not necessary if spouses can come to an agreement and keep a promise to meet monthly obligations without seeking legal counsel.

When custody cases are disputed between divorcing couples or estranged partners who refuse to live together, what is a temporary order hearing will determine where their minor child will reside. Pending a final judgment, the court can schedule a brief hearing to allow a parent to have physical custody of the kids. While some may find requesting what is a temporary order hearing unnecessary, when mothers and fathers are at odds, children frequently become pawns. In a power struggle, a disgruntled parent can try to use legal means of preventing the other parent from seeing the kids. Accusing a custodial parent of kidnapping a child, of being an unfit parent, or of physical or sexual abuse is not uncommon in a nasty divorce or custody case. The best way to foil a plot could be requesting an order for temporary custody to prevent a former spouse or partner from making accusations that can adversely affect future outcomes.

When the financial welfare of a child is at stake due to separation or divorce, what is a temporary order hearing can expedite support payments. If the mother and father cannot agree on a just course for supporting the kids, the custodial parent can petition the court for temporary child support pending a final decree. The cost for housing, clothing, food, medical care, and education will be determined by documentation provided by the custodial parent. The obligor will be ordered to begin paying support based on income and assets, employment, and existing expenses. Custodial parents' income statements are also considered when determining what amount obligors are asked to pay on a temporary basis while awaiting a full hearing and final judgment. Whether orders are for restraint in domestic abuse cases, alimony, child custody, or financial support for a minor, what is a temporary order hearing shortens the time applicants have to wait to begin receiving benefits.

What Is A Temporary Order Of Protection

Domestic violence victims can obtain what is a temporary order of protection to prevent an abuser from getting close enough to inflict bodily harm. A legal document which directs one person to stay away from another, an order of protection can be a lifesaver in domestic disputes between couples who are married or cohabitate. Battered husbands or wives, boyfriends or girlfriends living in constant fear for their lives can get a measure of personal protection by going to the local police, civil court or an attorney and requesting a restraining order. When victims are in imminent danger and have been brutally beaten, raped, or constantly stalked and harassed by their abusers, the police can request an emergency protective order which provides immediate security for up to 7 days. A judge in the county in which a victim resides will then grant what is a temporary order of protection to provide personal safety for up to 30 days while the court schedules a hearing with both parties present to determine whether an official permanent order is warranted. Neither of these kinds of injunctions-- emergency, temporary, or permanent restraining orders are in effect until a judge signs the document.

While the 30-day restraining injunction, or what is a temporary order of protection, is in effect, the perpetrator is prohibited from coming within a certain distance of the abused spouse or significant other, usually 1,000 feet. The injunction may also stipulate that the abuser is not to contact the victim or to make inquiries about their location. Many times, victimized individuals must flee the residence shared by abusers in order to escape physical injury or harm. Staying in a hostile environment could prove fatal as crimes of passion, rage, and aggression often end in the victim's death. A woman or man who feels constantly threatened by another should devise a way of out should an altercation escalate into physical violence. Those who run to the Lord Jesus Christ, as a spiritual refuge, shall be able to overcome the fear that comes with the threat of physical harm. "The Lord is my light and my salvation; whom shall I fear? The Lord is the strength of my life; of whom shall I be afraid? When the wicked, even mine enemies and my foes, came upon me to eat up my flesh, they stumbled and fell. Though a host should encamp against me, my heart shall not fear: though war should against me, in this will I be confident...For in the time of trouble He shall hide me in His pavilion: in the secret of His tabernacle shall He hide me; He shall set me up upon a rock" (Psalm 27:1-3; 5).

While what is a temporary order of protection will not specify steps a battered individual can take to protect themselves, victims should take a common sense approach. Pack a duffel bag or suitcase full of extra clothing and personal toiletries and leave it with a trusted neighbor or friend. Notify school authorities and give them a copy of what is a temporary order of protection so that they are alerted to potential threats or attempts to kidnap minor children. Open a safe deposit box at a local bank and deposit extra cash, an extra set of keys, and personal identification which can be retrieved in an emergency. Jot down the names and phone numbers of churches, Christian organizations, and temporary shelters that offer emergency housing for victims of domestic abuse. Talk to minor and adolescent children about the abuse in ways they can understand; and carefully admonish them not to leave school with anyone other than the custodial parent or trusted family member.

Victimized spouses and partners may also discover that what is a temporary order of protection may prohibit perpetrators from visiting family members, especially children and parents; making harassing telephone calls; or sending emails or text messages. In the digital age where computers make nearly everyone accessible, abusers may feel the liberty to harass victims via the Internet or email. However, law enforcement can easily trace texts, emails, and instant messages back to a perpetrator's PC at home or work. An individual who receives harassing digital documents should make a printed copy of electronic messages and alert the local police. Domestic violence or stalking victims should never take the law into their own hands. Let local police contact the perpetrator and enforce what is a temporary order of protection. Violation of that order can result in immediate imprisonment of the perpetrator--sometimes for several years--and may entail paying a hefty court-ordered fine for inflicting emotional pain and suffering.

The advantage of what is a temporary order of protection is that it gives the victim and the abuser a "cooling off" period with enough time and space between them to address underlying causes of abusive behavior and determine if they should separate permanently. During the court-ordered hearing to determine the necessity for issuing a permanent protective order, the perpetrator may be required to undergo professional counseling. Studies indicate that many abusers have been victims of abuse themselves. Children who grew up mistreated, harassed, raped, or beaten by one or more parent, an older sibling, a relative, or close family friend often repeat that same abusive and socially unacceptable behavior. Issues of anger management, methods of dealing with stress and resolving conflicts, and developing marriage and parenting skills might all be addressed prior to allowing abusers access to victims, children, and family when the injunction expires. Once individuals can overcome the tendency to mistreat loved ones, healing and reconciliation can begin as the pattern of aggression is forever broken.

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