Temporary Orders

 

Rochester Michigan Family Law Lawyer Elizabeth Sadowski

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In appropriate cases, your lawyer might file motions with the court asking for temporary orders pending a full hearing by the court. Sometimes a court will grant temporary orders for child custody, child support, spousal support, medical payments, parenting time, and other relief. In appropriate cases, these motions are filed at the same time that your complaint for divorce is filed. Sometimes, they are filed later as a need may arise.

In some cases, a motion will be filed asking for a temporary restraining order. These orders may be required to prevent a party from accessing bank accounts or from dissipating assets. Sometimes these orders are used to preserve the status quo, such as making sure mortgage payments and other necessary expenses related to housing are made, preventing cancellation of health or other insurance, etc.

In cases where domestic violence is an issue, you may seek a personal protection order (PPO) to prevent injury.

How Temporary Divorce Orders Are Obtained

Child support, custody, mutual injunctions, and personal protection orders may be granted to the plaintiff without a hearing, although most courts will not issue orders for custody without a hearing unless there are very compelling reasons. Nevertheless, any order that grants temporary relief prior to a full hearing must state on the face of the order that the other party can file an objection with the court and get a hearing on the issue within fourteen days. These temporary orders are effective until one side or the other asks the court to change them. They are usually dissolved in the final divorce judgment and property settlement. PPOs, however, may continue to be effective.

Orders that maintain the status quo are commonly entered. In unusual cases, the court might award temporary fees to help a party afford his or her legal expenses, but normally -- at least in Northern Michigan, parties are left to pay their own legal fees and costs.

In some cases, a motion will be filed asking for a temporary restraining order. These orders may be required to prevent a party from accessing bank accounts or from dissipating assets. Sometimes these orders are used to preserve the status quo, such as making sure mortgage payments and other necessary expenses related to housing are made, preventing cancellation of health or other insurance, etc.

In cases where domestic violence is an issue, you may seek a personal protection order (PPO) to prevent injury.

In Oakland and Macomb Counties, the Friend of the Court will investigate and make recommendations about child custody, parenting time, and child support. The FOC will present a recommendation and temporary order to the court for entry. Once that order is entered, a party who disagrees with the recommendation must file an objection within 21 days. Then the court will schedule the case for mediation, will schedule a status conference, and, if the parties are unable to reach an agreement on their own, a referee hearing will be scheduled. Because the procedures are different in other counties, it's important to discuss the court's expected procedure with your attorney.

To schedule an initial meeting with family lawyer Elizabeth Sadowski or just ask a question, call or send an e-mail today. You will find fact-gathering questionnaires on this website. Fill them out and mail them in to Ms. Sadowski's office or schedule an appointment and bring them with you.

Contact Rochester, Michigan divorce lawyer, Elizabeth Sadowski at (248) 652-4000  Email:  elizabeth.sadowski [at] gmail.com

Family lawyer Elizabeth Sadowski serves clients throughout northern Oakland and Macomb Counties . © 2009 Elizabeth Sadowski

►  No fee referrals within Michigan and/or to other states’ attorneys

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This website is intended to provide only a brief overview of family law in Michigan. If you have any questions regarding your family law matter, contact me today. I will discuss your legal needs and provide you with information to protect you and your family for years to come.

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Elizabeth A. Sadowski, Family Lawyer
Colbert Shepard & Sadowski LLP
431 6th Street, Rochester, MI  48307
• E-mail: elizabeth.sadowski [at] gmail.com
Telephone: (248) 652-4000  Telefax:  (248) 652-1259

Practice Areas: Divorce  Custody  Parenting Time  Child Support Post-Judgment Modifications  Paternity  Adoption  Personal Protection Orders  Spousal Support  Property Distribution  Pre-Nuptial / Post-Nuptial Agreements Estate Planning Guardianships/Conservatorships  Neglect/Abuse Cases 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Copyright © 2009 Elizabeth A. Sadowski. All rights reserved

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