What You Should Know About Standing OrdersAugust 13, 2020 5:22 pm Leave your thoughts
The term “standing order” refers to a specific type of court order that immediately takes effect when a case is filed. These orders are used in a variety of case types, and are most commonly seen in family law cases. In these cases, the judges of a county or district court come together to establish a general set of rules to apply to cases until a more permanent arrangement can be reached.
One common manifestation of a standing order in Phoenix, AZ is a temporary restraining order, which you’ll typically see in divorces or cases involving children.
Here’s a quick overview of what you should know about standing orders, what they’re for and why they’re important.
An overview of standing orders
Standing orders are used to prevent a party from taking a certain action, or to compel a party to take a certain action so the status quo can be maintained until the judge is able to hear all the issues surrounding the case and make a permanent ruling and arrangement. Standing orders are typically used to deal with children, property (finances and real property alike) and the general behavior of parties involved.
You can determine the standing order requirements in your county (if any exist) by going online and checking with the county or district clerk’s office in the county in which you’d be filing a lawsuit.
When they exist, standing orders take effect from the moment a person files a formal petition in court, which begins the process of the lawsuit. So, for example, as soon as one party files for divorce, all standing orders for that jurisdiction would apply until the judge hears the case and makes decisions in the matter. That standing order will remain in effect until the judge’s decision either changes that order or eliminates it entirely, which can include finalizing the case.
Standing orders in Phoenix, AZ may also contain instructions for court reporting, including requesting the name of the court reporter that will cover the deposition in advance of it taking place. There may also be instructions included in advance for those court reporters to follow.
It is important to remember that a standing order is an official court order, and if a person violates a court order, they can be held in contempt. The consequences of violating court orders can be severe, depending on the circumstances, and it’s in the best interest of any party restricted by such an order to abide by it. If one believes the terms to be unfair, they can always work with an attorney to get those terms changed.
Keep in mind that while a standing order is a type of temporary restraining order, they do not cover all of the same issues. Temporary restraining orders are capable of excluding a party from the marital residence or denying access to children, something standing orders cannot do.
If you wish to learn more about court standing orders in Phoenix, AZ and what they entail, we encourage you to contact the team at Bartelt | Nix Reporting, LLC today.
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