Also known as: temporary orders · interim order
Written by attorneys · grounded in primary & secondary sources — see below
A court order issued during pending litigation to provide interim relief on matters such as custody, support, visitation, or asset preservation until a final determination can be reached.
Albert petitions a State L court for relief after Melanie relocates and blocks his scheduled weekends with their child. The court lacks authority to modify the original custody decree from State K. It issues a temporary order directing Melanie to honor the three-day alternating weekends set by the State K court while Albert seeks modification in the proper forum.
ISKCON members plan to distribute literature at the state fair. State officials obtain a temporary order limiting solicitation to designated booths to ensure crowd flow and equal access for all vendors. The order governs conduct only for the duration of the fair and expires at its close.
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Amy files for divorce and requests temporary residential parent status for the couple's child. The court enters a temporary order naming Amy residential parent, granting Keith standard visitation, and setting child support at a deviated amount pending final resolution of all issues.
Students and parents sue to halt a school district's practice of student-led prayers at graduation. They obtain a temporary restraining order preventing the district from including the prayers at the imminent ceremony while the Establishment Clause challenge proceeds.
Buckhannon operators challenge state orders to relocate residents or close the facility. They seek a temporary order staying enforcement of the cease-and-desist directives while litigating the validity of the self-preservation rule under disability law.
McDonald and a co-worker sue their employer after termination for alleged misconduct. They move for a temporary order reinstating their positions and preserving pay status during the Title VII litigation to prevent irreparable loss of employment benefits.
A court lacking modification jurisdiction may issue a temporary order to enforce a visitation schedule or visitation provisions from another state's custody determination. The order preserves the status quo and must specify a limited duration for the petitioner to seek relief in the proper forum.
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The motion must be supported by an affidavit setting forth the factual basis and amounts requested. The court then determines whether an award is just and proper under the circumstances to maintain the status quo during litigation.
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No. Temporary orders are interlocutory and may be entered on affidavits or limited evidence. They address immediate needs such as support or asset protection and remain subject to later modification or vacation upon fuller hearing.
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…overtly Christian prayers over the public address system at home football games. On May 10, 1995, the District Court entered an interim order addressing a number of different issues.[^maj-3] With respect to the impending graduation, the order provided that "non-denominational prayer" consisting of "an invocation and/or…