Parties with court cases may opt for temporary court orders for any court case, such as child support, possession of properties to eviction on a residential or commercial property. Obtaining a temporary court order is very crucial as it relieves a stressful situation and may altogether help mitigate a case. Before requesting interim court orders, you need to acquaint yourself with all the processes about these orders. Some of the benefits derived from temporary court orders include giving the aggrieved parties time to prepare themselves for their cases, which may lead to eventually solving the incidents outside the court corridors.
Here are some of the processes that you need to be aware of:
When is it Issued
You need to know when and how temporary orders are granted to the aggrieved parties. For instance, when you feel you are not well prepared to handle a particular court case at any given moment, such as when you need to remit cash for child support or payment of spousal support or use of a commercial property.
When hearing of the case approaches, you or your lawyer need to present reliable information before the court supporting the reason for the request of a temporary court order. These documents produced at the court involve documents such as bank account statements, credit card statements presented before the court. Other than the presentation of the supporting documents, the court may request people with the relevant information to come and give authoritative details as a witness.
During the temporary court session, the court has two ways of discharging the same; the court may request you to testify of which this is the most preferred method. The other process requires your attorney to stand before the court and represent you through summaries of what you could have testified before the court. As a claimant, you need to understand what is a temporary order.
It’s important to note that the court may decide to use a mixture of the two methods or use either way of a temporary court hearing.
Getting Ready for Temporary Order Hearing
Whenever you have a case before the court, or you are obligated to provide any evidence at the court, you must prepare yourself well. You need to understand what you are expected to do while giving your testimony, and your objective for the same has to be spelled out clearly to the court. You need to equip yourself with the relevant supporting documents, as this will form strong evidence in your case.
Temporary Orders Hearing
There are two ways of testifying before the court, which could either be done by yourself standing at the witness box and answering questions asked by the jury or your opponent. You may opt to engage an attorney with a summary of your testimony so that he handles the issues on your behalf. If you choose to go the latter way, a written statement has to be sworn in by the parties making them. If the court decides to use offers of proof to hear your case, then you need to submit affidavits well in advance of the case hearing, this also gives your opponent a chance to know what you will present against them.
It is the court that decides the action it takes upon hearing of the temporary orders presented before her. Upon the conclusion of the hearing, the court may submit the requests immediately or give orders after analyzing and considering the case. Whichever decision the court takes, the court orders bear the same binding effect as the final orders.
Understanding what is a temporary order will be crucial in the whole temporary order hearing as a slight mistake may render your case dismissed. However, you can consult a legal professional to assist you in the process.