How to get an Emergency Temporary Order in Divorce

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:

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An experienced Scottsdale family law attorney explains how to get an emergency temporary order in divorce and what else you should know about these orders.
  1. 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.

  2. 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.
  3. 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).
  4. 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 expireand 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 480-209-1918 or by emailing us using the drop-down contact form at the top of this page.

From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.

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Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice. Nolan
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Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!! Jim
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Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation. Deanna
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