What Do You Need to Know About Temporary Orders?

Sometimes, a temporary order is necessary to ensure immediate support in the legal process. This legal document, which a court issues, offers temporary relief and protection until a thorough hearing can be conducted to determine whether a permanent order is needed. If you have any questions about seeking temporary orders in Tennessee, please consider scheduling a consultation with the experienced family law attorneys at Shepherd and Long, PC, by calling (865) 982-8060.A judge preparing to issue temporary orders.

What Is a Temporary Order?

When a court needs to provide temporary relief or quickly establish rules or conditions until a final decision or judgment can be made, they issue an interim order. Many times, the order is used to protect one individual from another person, as when a Tennessee State Court issues an order of protection. However, temporary orders can also be applied in other areas of law, such as civil cases. These orders maintain stability, protect the rights and interests of the parties involved, and ensure that essential matters are addressed until a final resolution is reached through trial or settlement.

How Long Do Temporary Orders Last?

The length of a temporary order can differ depending on the jurisdiction and the details of a particular case. Orders of protection are usually designed to provide immediate relief until a full hearing can be held to determine if a permanent protection order should be granted. In some jurisdictions, temporary orders are initially given for a brief period. The short timeline encourages all involved to convene promptly for a hearing, in which both parties can present their arguments and evidence. During the hearing, the court will assess the evidence and decide whether to extend the temporary order, issue a permanent order, or dismiss the temporary order if there is insufficient evidence or the circumstances have changed.

When a permanent order is granted, it offers long-term or indefinite protection. On the other hand, a temporary order is only intended to provide temporary legal relief until the full hearing occurs. If the full hearing is delayed or rescheduled, the temporary order can be extended to protect the petitioner until the hearing occurs. In the State of Tennessee, temporary orders without such extension typically expire in 15 days. 

How Do I Enforce a Temporary Order?

If there is a need to enforce a temporary order, the party wishing for enforcement must adhere to the procedures set by the court that issued the order. Similarly, parties receiving a temporary order should make sure to abide by whatever requirements or mandates the court has issued. While the steps may differ depending on the jurisdiction, here are some general guidelines to follow:

Understand the Order

Anyone receiving a temporary order should read it carefully to understand its terms, conditions, and requirements. To avoid any issues in the future, it is important to note any deadlines or specific actions outlined in the order.

Comply With the Order

Whether you agree with the order or not, ensure to remain in compliance with the terms of the temporary order. Often, this may involve making child or spousal support payments, adhering to visitation schedules, or following other directives outlined in the order.

Keep Documentation

All parties will want to maintain detailed records and documentation of compliance with the temporary order. This documentation may include:

  • Receipts
  • Financial statements
  • Visitation logs
  • Other relevant information demonstrating adherence to the order

Seek Legal Assistance

If the other party is not complying with the temporary order or is violating its terms, it may be helpful to consult with an attorney. A seasoned Tennessee attorney can provide guidance through the enforcement process and help you determine the appropriate legal steps to take.

File a Motion for Contempt

In cases of significant non-compliance or clear violation of temporary orders, an attorney can also assist in filing a motion for contempt with the court that issued the order. This motion notifies the court of the other party’s non-compliance and formally requests enforcement or appropriate remedies.

Attend Court Hearings

Once a motion for contempt has been filed, the court will schedule a hearing to address the matter. All parties or legal representatives should attend the hearing and present evidence of the other party’s non-compliance or violations. Supporting documentation may be especially helpful here; relevant witnesses may also serve to strengthen the case.

Court Enforcement

If the court finds one party in contempt of the temporary order, the judge may impose various remedies or sanctions, such as fines, modifications to the order, compensatory measures, or even incarceration in severe cases. The specific enforcement actions will depend on the laws and regulations of the jurisdiction where the order was issued. If you have questions about your temporary order, please reach out to Shepherd and Long, PC.

What Is a Notice of Hearing for a Temporary Order? 

The notice of hearing for a temporary order is a legal document informing the parties involved in a legal proceeding about an upcoming court hearing to address an interim order. This document provides formal communication regarding the date, time, and location of the hearing, and outlines the specific purpose or matters to be discussed during the hearing.

While the specific details do vary from one case to another, notices of hearing for temporary orders are like many other documents in that they tend to contain relatively predictable categories of information. A typical notice of hearing for a temporary order includes the following information:

Case Information

The document identifies the court where the case is being heard, the case number, the names of the parties involved, and the name of the judge presiding over the case. Essentially, case information encompasses the details one would need to look up a record of the case. 

Hearing Details

The notice also specifies the hearing’s date, time, and location, allowing all parties to prepare for and make arrangements to attend the hearing, as well as to seek representation and legal advice ahead of the hearing, if desired. In other words, the hearing details offer basic scheduling information so that all involved have the opportunity organize both their evidence and their calendars.

Purpose of the Hearing

The notice will also outline the purpose of the hearing, or matters to be addressed during the hearing. Typical examples include issues related to child custody, visitation schedules, child or spousal support, and use of property, but a hearing can address any relevant matters that require temporary resolution.

Response or Objection Deadline

The notice may include a deadline by which either party may file a response or objection if they wish to contest or provide additional information regarding the temporary order. If you have questions about the timeline established by the court, consider speaking with an experienced attorney to evaluate your legal options.

Speak With an Experienced Tennessee Attorney

Temporary orders are essential to the legal system as they offer temporary relief, establish clear rules, and maintain stability during an ongoing case or lawsuit. These orders are crucial in family, criminal, and civil law, as they address urgent matters and provide immediate solutions until a final resolution can be reached. If you would like to learn more about seeking or complying with temporary orders in Tennessee, schedule a consultation with Shepherd and Long, PC by calling (865) 982-8060 today.