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Filing A Motion For Temporary Orders In Hillsborough
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State:
Multi-State
County:
Hillsborough
Control #:
US-000299
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FAQ
Temporary relief refers to a procedure in a Florida family law case where one side or the other requests the Court order “temporary provisions” in the early phase of a case. A Temporary Relief hearing is normally not held until after mediation.
Overview. During a civil case, most of your interactions with the judge will be the result of you or the other side filing a written motion. A “motion” is a written request to the judge that asks for a ruling on some issue in the case.
The court procedure that is used to get a temporary order is a motion. A motion is a procedure where one party asks for the court to make an temporary order for some sort of relief while waiting for the trial. It is important to note that there are different types of motions, urgent or non-urgent.
Temporary reliefs require a special hearing that provides an impermanent solution based on the circumstances and are typically resolved through settlement negotiations or mediation. When a judge grants a motion for temporary relief, the order will only remain in effect until the formal proceedings are completed.
What Is a Motion for Temporary Relief? Temporary relief is an official request made to a judge while the divorce is still pending. A temporary relief hearing allows spouses in a divorce battle to reach a short-term solution on child custody and other issues pending the divorce case finalization.
Filing for Temporary Custody: To file for temporary custody in Florida, one needs to petition the court, providing necessary information about the child, the petitioner, and the reasons for seeking custody.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
The hearings are of short duration with limited testimony and evidence being presented. The Judge's focus at temporary hearings is to work out at a short term solution to disputed issues that seems reasonably fair to both parties in the mind of the Judge.
In most states, you will need to file: an application for order to show cause. a supporting declaration that relays your reasons for the request. a proposed temporary order and. a proof of service.
The motion must be supported by evidence. The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.