If you’ve ever been involved in a legal case or have spoken with a lawyer, you may have heard the term “temporary order.” These are orders issued by the court when addressing important or time-sensitive matters while a case is open, such as child custody or protection orders. Now, some of you may be wondering, “What is a motion for temporary orders?” Or what happens when the case is dismissed before it’s finalized? Well, we’ve got the answer for you.
In this article, we’re going to go over:
- What Temporary Orders Are
- When Temporary Orders Are Generally Requested
What Happens to Temporary Orders When a Case Gets Dismissed? - Types of Temporary Orders Issued in Nevada
- When to Seek Legal Advice After a Dismissal
What are Temporary Orders?
A temporary order is a court decision that addresses immediate issues while a case is ongoing. These temporary orders are intended to maintain stability and protect the parties’ interests until the final ruling is issued. These orders are used primarily in cases involving divorce, child custody, or domestic violence.
When Temporary Orders Are Typically Requested
Temporary orders are typically requested when there is an immediate need for protection or stability during an open case.
Some common situations prompting the need for temporary orders include:
- Divorce or separation cases, establishing temporary child custody or support
- Child custody disputes where one parent needs temporary custody
- Domestic violence or protection cases requiring immediate protection orders for safety
These orders are usually requested early in the case, as most individuals are in immediate need of help near the beginning of their legal battle, depending on the situation.
What Happens to a Temporary Order When a Case Is Dismissed?
Usually, when a case is dismissed, the court has decided to end the case without issuing a final ruling on the merits of the case.
There are several reasons a case can be dismissed, such as:
- Lack of evidence or failure to meet legal requirements.
- The parties may reach an agreement outside of court.
- Procedural issues or delays in the case process.
Now, when a case is dismissed, temporary orders and pending matters are generally affected by it. Since these orders are tied to the case, once a case is dismissed, the orders typically end as well.
However, this is not always the case. Some temporary orders may continue if the court states explicitly that the order will continue or if it is related to protective measures. These include restraining orders or a protective order for a child or individual. These may remain in effect even after a case is dismissed to ensure the safety of the people involved.
Common Types of Temporary Orders Issued by Nevada Courts
Temporary Child Custody and Visitation Orders
These orders are designed to arrange temporary care and custody in the best interests of the child in question. When a case is dismissed, temporary child custody and visiting orders usually end unless the court decides to continue the order if it is in the best interest of the child’s physical and mental health.
Temporary Child Support Orders
Temporary child support orders are issued while a case is pending to ensure the child of the individuals in this case is cared for. When the case is dismissed, the child support order typically stops unless the court specifies otherwise. Any unpaid child support that remained before the case was dismissed remains owed.
Temporary Restraining Orders or Protection Orders
In Nevada, protection orders—such as a temporary restraining order—may continue after a case is dismissed. This is especially true in cases where domestic violence is involved. These orders will remain in effect for a specific duration determined by the court. If there are serious safety concerns, the protection order might remain in effect on its own to protect the individual in need.
Emergency Orders
In urgent cases where there’s an immediate danger or need, an emergency order can be issued. These are usually when there is a risk of harm that needs to be dealt with quickly. These may be placed temporarily until a hearing can be scheduled, and if the underlying case is dismissed, some emergency orders, such as protection orders, may remain in effect until a new order is issued.
When to Seek Legal Advice After a Dismissal
If your case is dismissed, it’s crucial to understand how it affects temporary orders. Legal advice is especially important if children’s safety or custody schedules, financial support, or other rights are impacted.
You should seek legal guidance after a case dismissal if:
- Children’s safety or visitation is impacted.
- Financial support (child or spousal) stops suddenly and causes hardship.
- You disagree with how the dismissal affects your temporary orders.
A lawyer can help clarify your options, including whether to request a modification, extension, or even refile your case.
After a dismissal, here’s what you can do to protect your rights:
- Document compliance or violations related to temporary orders.
- Prepare for re-filing if the dismissal is without prejudice.
- Understand ongoing obligations, such as unpaid support or property issues.
Dismissals in Nevada typically end temporary orders, though specific orders (like protection orders) might continue. Seeking legal advice is essential to understanding your rights and navigating the following steps, ensuring you’re protected moving forward.
If your case was dismissed and you’re unsure of your rights, contact a qualified lawyer today to discuss your next steps and protect your interests.
