Temporary Family Law Orders

Temporary family law orders (TFLO’s) are a versatile tool commonly seen in most contested family law cases. This page id designed to acquaint you with their common uses, pitfalls, and mechanics.

What are TFLO’s?

Temporary family law orders are exactly what they sound like: orders that are put in place temporarily. They last until the end of your case via settlement or trial. Their function is to dispense equitable relief and resolve temporary issues while the full case is waiting to be heard.

What can TFLO’s do?

What can’t they do? TFLO’s are the most versatile tool in our toolbox, and are vehicles for a wide
variety of solutions. They can:

1. Enter temporary parenting plans.
2. Adjudicate use of property or belongings.
3. Decide who gets to live in the house.
4. Enter protection orders or other safety measures.
5. Order child support payments.
6. Repay attorney’s fees.
7. And more!

An example of how we would use a TFLO motion:

Let’s say Jane (a stay-at-home mother) is divorcing John and wants a parenting plan put in place. Jane files for divorce and serves John with a Temporary Family Law Order motion. In her TFLO, she asks for:

A 50/50 parenting plan.
Child support payments.
Use of the house pending the divorce finalization.
$10,000 in attorney’s fees, so she can afford to litigate the case.
That she be allowed to use the family Range Rover, and John to use the Ford Bronco.
That John pay for their child’s baseball, and that she pay for their child’s swimming lessons.

What relief you might be able to ask for will vary based on your circumstances, but the above is a great example of the versatility and flexibility of a TFLO. They offer structure, equity, and surety while your divorce is pending, and can help litigants with limited financial means get money from their spouse before trial (1.5 years later).

KEEP IN MIND: If you do not have a TFLO (or any other court order), then the court cannot intervene to compel action or force the other party to cooperate with parenting plans or support payments. Establishing a TFLO can give you structure, surety, and the force of the law on your side.

The Drawbacks.

TFLO’s are great tools, but they are not always best applied in every case. TFLO motions are expensive and slow. They can take several weeks to be heard by a judge, and your victory is never assured.

This is why attorney guidance is so important – we can peer around corners and advise likely outcomes. Hopefully, a good attorney can stop you from wasting a lot of time and effort.

LEARN MORE

Once established, TFLO’s are not binding on the outcome of your case. But they can influence the outcome indirectly.

Attorneys and litigants use TFLO motions to get a sense of what the court thinks about the issues in a case. If the court looks unfavorably at your ask at a TFLO hearing, you can probably bet that the court will think similarly of the argument at trial.

IN A NUTSHELL: While TFLO’s are not binding upon the court’s final decision, they tend to strongly rhyme. Knowing what the court generally thinks of your arguments can be a powerful factor during final negotiations.

Things to keep in mind:

Filing a TFLO is often needed, but it is provocative from an emotional perspective. Filing multiple TFLO motions is often ill advised, as the ill-will will make it harder to resolve your case.

Be prepared for stress and uncertainty while the TFLO is pending. All motions are a grinding exercise of patience.

If you do win, it is rare to secure a complete victory. Often, the court will soften your relief, even if you are declared the victor.

Can you get your attorney’s fees back if you win?

Technically, yes. But practically, no. Attorneys fees are almost never awarded in the American system. We can ask, but 95% chance that the request will be denied in all but the most extreme circumstances.

If there is one thing we would change about the legal system, we would award fees to the victor of every motion. Sadly, we play with the hands we are delt.

Interested in other Family Law motions?

Writs of Habeas Corpus

Writs of Habeas Corpus (“Writs”) are legal orders issued by the court.