When emergency situations arise during a divorce and people need to get an emergency temporary order in place, here are the steps that generally need to be taken:
- Fill out the proper forms – These include the Motion for Temporary Order without Notice and the Temporary Order without Notice (essentially the official form to request an order and then the order itself).
- While you will need to provide explicit details regarding why you are requesting an emergency order (and why your situation deserves to be handled by the court ASAP) on these forms, you will also need to pay special attention to complete them correctly (as each form comes with very explicit instructions). Failing to follow the directions can lead to your motion being dismissed.
- File these forms with the court – Once you have completed the necessary forms, you will need to file them with the court that is handling your divorce case. At this time, you will also need to pay any court filing fees in order for your motion to be reviewed by the court.
- Serve the other party with a copy of the court documents – This will be the last step you have to take before the court will review your motion. If your emergency order pertains to a domestic violence situation (or some other type of alleged abuse), it’s best to have the other party served by a process server (or some other third party).
- Await a decision – If the judge agrees with your motion, an emergency order can be granted very soon after it is filed with the court.
Emergency Temporary Orders in Divorce: More Important Info
- Requests for emergency temporary orders in divorce can usually only be requested/granted when there is some immediate threat to another’s health, safety and/or welfare (i.e., because that person is in immediate jeopardy in his current situation).
- If you need an emergency temporary order, you must be prepared to post a bond (and pay any additional related costs) if, ultimately, the court rules against your motion.
- If a court rules against a motion for an emergency temporary order, you cannot refile the same paperwork with another court.
- Emergency temporary orders are, by nature, short term. This means that these orders will expire and that people may also need to pursue longer-term orders if longer-term protections will be needed.
Scottsdale Family Law Attorney at the Law Office of Karen A. Schoenau
Do you need help getting an emergency temporary order in divorce? If so, it’s time to contact Scottsdale Family Law Attorney Karen Schoenau. Ready to provide you with honest answers and effective representation, Attorney Karen Schoenau has the experience you can rely on to help you secure the best possible outcomes to your case.
To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-467-3435 or by emailing us using the drop-down contact form at the top of this page.
From her offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.