An interim order is a temporary court-issued proclamation that remains enforceable until a final decree is issued. It is commonly used in civil actions, family law proceedings, and contract disputes. An injunction or restraining order may be issued to prohibit a party from acting in a certain way during the hearing of the case. A directive order requires a party to do a certain thing temporarily until a final verdict is rendered.
An interim order is a type of court-issued proclamation that should only be effective until a court has had a chance to hear a complete case and issue a final decree or order. Until a definitive decree is issued on the case, the precautionary measure remains fully enforceable and binding on the parties. The definitive decree, once inserted, replaces the provisional ordinance. The terms of the final decree may be entirely different from those indicated in the interim order.
An interim order, also called a restraining order, is usually issued as part of a civil action. In general, the party seeking the injunction must file a formal request for the court order. Before issuing the order, the court often examines limited evidence. He can also listen to the oral defenses of the parties’ lawyers. An interim order may deal with procedural issues, such as requiring a party to produce a certain document by a specific date, or it may deal with substantive issues.
Interim orders are issued in a variety of cases, including creditor-debtor lawsuits and contract disputes. They are also common in family law proceedings, where a judge may be required to make interim decisions on matters such as child custody, child support, and children’s visiting hours. A judge may also use an interim order to make short-term decisions about spousal support, debt payment, and use of the family home or car.
In some situations, a type of interim court order, known as an injunction or restraining order, may be issued for the purpose of prohibiting one of the parties from acting in a certain way during the hearing of the case. For example, John Doe claims that Suzy Smith committed patent infringement by producing widgets, a product for which John held a valid patent. John could ask the court to issue an injunction banning Suzy from making widgets while the case is resolved.
A directive order, on the other hand, is an interim order that is typically issued for the purpose of temporarily requiring a party to do a certain way until a final verdict is rendered. In divorce proceedings, for example, a court may issue a governing order temporarily granting a parent custody of minor children until a final custody decision is made. Courts usually issue injunctive and directive orders to ensure that one party to a lawsuit will not suffer damages as a result of the other party’s actions while a lawsuit is pending.
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