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Temporary Orders & Restraining Orders

Quick Facts

Temporary orders can be requested in most every family law matter.
Either spouse may request temporary maintenance.
Custodial parent may request temporary child support.
Financially dependent spouse may request the other spouse to pay attorney fees and costs.
Either spouse may seek a harassment restraining order against the other spouse.

Permissible Orders

In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either spouse is permitted to seek a temporary order pending the final disposition of the proceeding.

The temporary order may also be for custody and parenting time of the children.

Either spouse who needs it may seek temporary maintenance.

The custodial parent may seek temporary child support on behalf of the children.

If a spouse cannot afford to pay, the spouse in need can request temporary costs and reasonable attorney fees.

One spouse can request the temporary use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property of the marriage.

Either spouse may seek to restrain one or both spouses from transferring, encumbering, concealing, and disposing of property, except in the usual course of business or for the necessities of life. Either spouse may request an accounting to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served. The purpose of this order is generally to seek to preserve the assets of the spouses and prevent one of the spouses from wasting any property or assets to the detriment and the other.

Either spouse may seek to restrain one or both spouses from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other spouse or the children of the spouses.

Either spouse may seek to restrain one or both spouses from removing any minor child of the spouses from the jurisdiction of the court. This prevents the parent from moving the children out of state.

One spouse may ask the court to exclude a spouse from the family home of the spouses or from the home of the other spouse.

Either spouse may seek to require one or both of the spouses to do or not to do other acts that the courts will facilitate the just and speedy disposition of the proceeding, or will protect the spouses or their children from physical or emotional harm.