Temporary Orders

Temporary Orders

Legal separation and divorce often bring uncertainty—not just about the future, but about immediate day-to-day needs. Where will the children live? Who will pay the bills? What happens to shared accounts or property while the case is pending?

In California, temporary orders serve as a legal framework to manage these issues during the early stages of a family law case. At Enright Family Law, we help modern families in secure fair, protective, and strategic temporary orders that provide structure during times of major transition.

Whether you’re going through divorce, legal separation, or a child custody dispute, understanding how temporary orders work is critical to protecting your rights and well-being.

What Are Temporary Orders?

Temporary orders are legally binding court decisions issued at the beginning or during a family law case. As the name implies, they are not permanent, but they remain in effect until a final judgment or new order is made.

These orders help provide immediate stability while legal proceedings are underway—ensuring that children are cared for, financial responsibilities are met, and conflict is minimized during an emotionally charged time.

Temporary orders can be issued in cases involving:

• Divorce or legal separation
• Child custody and visitation
• Child support and spousal support
• Domestic violence or protection orders
• Property control and use of shared assets

Why Temporary Orders Matter

Temporary orders are not just legal technicalities—they set the tone for the rest of the case and often influence final outcomes. For modern families, these orders are crucial because they help:

• Prevent misunderstandings and chaos during the early stages of separation
• Establish routines for children’s care and communication between co-parents
• Protect financial security by clarifying who pays what and who can access shared accounts or property
• Minimize conflict by putting clear legal expectations in place
• Offer temporary protection in high-conflict or unsafe situations

Many families today are navigating co-parenting, blended households, remote work, dual-income living, and other modern dynamics. Temporary orders offer the legal tools to manage those complexities from day one.

Common Types of Temporary Orders in California

1. Child Custody and Visitation Orders

These orders determine where the children will live during the case and how parenting time will be divided. Courts prioritize the best interest of the child, which includes stability, safety, emotional well-being, and continuity in school and social life.

Temporary custody arrangements often become the basis for final custody decisions, so it’s important to establish them thoughtfully.

2. Child Support Orders

Temporary child support ensures that a child’s financial needs are met while the case is pending. Courts use California’s child support guidelines, which consider each parent’s income, parenting time, and other relevant expenses.

3. Spousal Support (Alimony)

Also known as temporary maintenance, these orders provide financial support to one spouse during the legal process. Courts consider factors like income disparity, duration of marriage, and current living expenses when issuing spousal support.

4. Use of Property and Debt Payments

Temporary orders can determine:

• Who stays in the family home
• Who uses vehicles or other property
• Who pays the mortgage, rent, credit cards, or loans

This prevents one party from being unfairly burdened or left without access to basic needs.

5. Restraining or Protective Orders

If there are concerns about domestic violence, harassment, or threats, a court can issue a temporary restraining order (TRO) to protect one party or the children. These orders can limit contact, remove a person from the home, or prohibit certain actions.

How to Request Temporary Orders

To request temporary orders in California, a party must file a Request for Order (RFO) with the court. This document outlines what the person is asking the court to order and includes supporting evidence such as:

• Financial disclosures
• Parenting plans
• Witness statements or declarations
• Pay stubs, bills, or other documentation

After the request is filed, the court schedules a hearing, and both parties have the opportunity to present their arguments. In some cases, mediation may be required before the hearing—especially in custody-related disputes.

At Enright Family Law, we guide our clients through every stage of this process—from gathering evidence and drafting declarations to preparing for court appearances.

Can Temporary Orders Be Changed?

Yes. Temporary orders can be modified if circumstances change or new evidence becomes available. Common reasons for modification include:

• Job loss or change in income
• One parent relocating or failing to follow custody terms
• Safety concerns arising after the initial order
• Disagreements about parenting time, school decisions, or medical needs

However, courts don’t take modifications lightly. You must show that a significant change in circumstances justifies revisiting the order.

How Temporary Orders Affect Final Outcomes

Temporary orders often serve as a “preview” of the final judgment. While not guaranteed to be permanent, judges may use them as a starting point when determining long-term arrangements—especially if the orders appear to be working well.

For example:

• A custody schedule that promotes stability may be adopted as permanent
• A spousal support order may influence final support determinations
• Patterns of cooperation (or conflict) may impact parenting decisions

This is why it’s essential to approach temporary orders with strategic care. They’re not just placeholders—they can shape your family’s future.

Temporary Orders and Modern Families

As the concept of family evolves, so do the kinds of challenges couples and co-parents face during legal separation. At Enright Family Law, we understand that today’s families include:

• Co-parents sharing custody across households
• LGBTQ+ parents navigating evolving legal recognition
• Unmarried partners dissolving long-term partnerships
• Professionals managing shared businesses or high-income lifestyles
• Parents with flexible work-from-home or bi-coastal schedules

Temporary orders are key to managing these complexities early and effectively. Whether your concern is equitable support, fair custody, or safe boundaries, our goal is to help modern families find clarity and stability.

How We Can Help

At Enright Family Law, we take a forward-thinking approach to temporary orders. We don’t just file paperwork—we craft strategies that protect your children, your finances, and your peace of mind during one of life’s most difficult transitions.

We provide:

• Skilled drafting and filing of Requests for Order (RFO)
• Representation in hearings and negotiations
• Strategic guidance tailored to your family’s unique structure
• Solutions grounded in empathy, equity, and modern legal understanding

Whether you’re seeking temporary custody, financial protection, or safety measures, we’re here to stand by you from the first hearing to the final resolution.

Contact Enright Family Law today to schedule a consultation and take the first step toward securing your future—with clarity, confidence, and compassionate legal support.