What Are The Possible Remedies If I Disagree With A Temporary Order?
If your temporary orders hearing was before the court commissioner, you can object to the judge. You must file your objection within fourteen days after the commissioner’s ruling is made in open court. If the commissioner takes the order under advisement, and later issues a written ruling, then you may object within fourteen days after the written ruling is entered. You are not allowed to object using any facts or evidence that you did not present to the commissioner, which means your motion before the commissioner should be thorough, because if you object to the commissioner’s ruling and attempt to offer some piece of evidence or testimony that you did not present to the commissioner, the judge will likely not allow you to present that evidence.
Once an objection is filed, the other side may file a response to the objection and a hearing is usually set before the judge. The judge may hear the issue by “proffer” in the manner I described before or put witnesses on the stand and take testimony. At that point, the judge will issue his or her ruling. The judge is NOT obligated to defer to the commissioner, but may make his/her own independent determination.
What Happens If Someone Violates The Temporary Orders While The Case Is Pending?
The non-violating party can file an “Order to Show Cause” motion against the violating party to have them held in contempt, sanctioned and other possible remedies. In my videos and on my website there are articles relating to “Orders to Show Cause” and how one enforces a court order whether it is temporary or permanent.
What Impact Do Temporary Orders Have On My Case Strategically?
If one side prevails on a significant issue at the temporary stage, that party has an advantage over the other side for two reasons. First, because of the informal pressure or tendency for temporary orders often to become permanent as I described earlier. Second, because time is on their side. The prevailing party at a temporary orders hearing is not under pressure to get the orders changed. If somebody does well at a temporary orders hearing, they may choose to mediate the case at that point, because they have advantage and mediation goes better for parties who have advantage.
For the non-prevailing party on a temporary orders hearing, there are other ways of offsetting or negate that advantage. For example, the non-prevailing party may engage in “discovery” that builds their case and prepares them for trial in such a way that the evidence at trial would outweigh the evidence that was presented at the temporary orders stage. Please review the other articles, blogs and video posts contained on my website regarding that discovery process.
For more information on Remedies For A Temporary Order, an initial consultation is your next best step. Contact Us online or call us to arrange a consultation at (801) 616-3301 today.