Getting a temporary order in a Wagoner County family law case is very specific. The steps are set out by the court and if they are not followed the temporary order orders may not go the way you wanted. The exact steps involved may be slightly different depending on exactly what the temporary order involves. As you read this blog post you begin to understand that orders can involve all issues related to child custody and even expend to situations that involve emergency orders. :
File a Petition With The Wagoner County Court
- Application for Temporary Orders: This document formally requests the court to issue a temporary order and outlines the specific relief you are seeking (custody, support, etc.).
- Financial Affidavit: This provides detailed information about your income, expenses, assets, and debts. It’s crucial for determining child support and alimony.
- Other Supporting Documents: You may need to include other documents depending on your situation, such as police reports (in cases of domestic violence), proof of income, or children’s school records.
Get a Hearing Date And Orders For The Hearing
- Once you file your petition in the family law case, the court clerk will typically schedule a hearing date for your request. Your petition must set out the relief you are asking for. In a child custody case this includes what type of custody and visitation you are asking for. The petition is broad in what it asks for but should comply with all the local court rules.
Serve The Other Party With A Summons:
- You must formally notify the other party (your spouse) about the application and hearing date. This is usually done through a process server who delivers the documents to them. The documents include the original petition and an order setting hearing date. In divorce and custody cases the in Wagoner County also includes a restraining order. The restraining order stops the party’s from taking the children outside the jurisdiction or doing other things harmful to each other.
Attend the Hearing:
- Present Evidence: At the hearing, you and your attorney will present evidence to support your request for a temporary order. This can include testimony, documents, and witnesses.
- Cross-Examination: Be prepared for the other party or their attorney to question you and your witnesses.
- Judge’s Decision: After considering the evidence and arguments, the judge in Wagoner County will issue a temporary order.
Things To Consider About Temporary Orders
- Emergency Orders: In situations involving immediate danger or harm (like domestic violence or child endangerment), you can request an emergency temporary order without waiting for a full hearing.
- Mediation: Some courts require couples to attend mediation before a temporary order hearing. This involves working with a neutral third party to try and reach an agreement.
- Legal Representation: It’s highly recommended to have an experienced family law attorney represent you throughout this process. They can help you navigate the legal complexities, gather evidence, and advocate for your best interests.
Talk To A Wagoner County Family Law Attorney
Remember that the exact procedures and requirements can vary slightly depending on the specific court and county in Oklahoma. Our attorneys work hard to get you what works best for you and your family. We have the experience needed to ensure that the facts in your case are advanced in a light most favorable to you. You should get a free consultation with a family law attorney at Kania Law – Wagoner Family law attorneys. Call us at 918.283.7394 or follow this link to ask a free on line legal question.