Maitland Interim Orders Appeals Attorney
Typically, in large jurisdictions like Orange County, associate judges often handle interim family law hearings, like temporary hearings and discovery disputes. These judges have basically the same powers and authority as circuit judges. For the most part, these individuals are highly-qualified family law attorneys, who are dedicated to the state judiciary. But sometimes, these individuals are substitute judges who make poor decisions. When that happens, an appeal may be necessary.
At The Troum Law Firm, our dedicated Maitland interim orders appeals attorneys stand up for your legal and financial rights in all situations. That includes the pretrial settlement table, the main courtroom, and the associate judge’s courtroom. We do not overlook any detail or any option. That diligence often produces results that exceed our clients’ expectations. Our Maitland, FL professionals offer this level of service because we live and work here too.
Reconsidering Temporary Orders in Orange County
Generally, a few weeks after a party files a divorce or other family law petition, the court holds a temporary hearing. Technically, the orders at this hearing expire when the matter becomes final. But from a practical standpoint, temporary orders often become final orders. So, aggressive and early representation is often critical. Otherwise, a Maitland, FL family law attorney may be forced to play catch-up for the rest of the game. That’s a very poor position to be in.
These temporary orders must take into account both the evidence at the hearing and the applicable law. All orders must be based on the preponderance of the evidence. Judicial officers cannot interject their own preferences, even if these preferences are based on their experience. Furthermore, some family law orders are improper. For example, parties cannot obtain information illegally and then present it as evidence. And, with regard to child support payments, certain paycheck deductions are allowable, and some are not, when it comes to determining net income.
Typically, a party only has ten days to appeal temporary orders. So, time is critical in these situations.
Other times, the temporary orders may have been sound when the judge entered them, but new evidence emerges which substantially changes things. The social services investigation is a good illustration. If the social worker’s report recommends a parenting time division which differs from the one in the temporary orders, a motion to modify might be appropriate.
As mentioned, the temporary orders often form the blueprint for the final orders. So, if the temporary orders are favorable, there is a good chance the final orders may be favorable as well.
Appealing Discovery and Other Interim Orders in Florida
Financial discovery is often an important component of a divorce case. Without prompt and transparent information exchanges, it may be impossible to equitably divide all marital property.
Sometimes, discovery is smooth and straightforward. Other times, it is extremely contentious. Some judges sign broad e-discovery orders, even though there is little or no evidence that such an order is necessary. Compliance with controversial e-discovery orders could cost thousands of dollars.
Judges may make other inappropriate orders as well, in child custody or other situations. These orders are subject to appeal as well.
Work with a Solid Lawyer
Temporary orders often have a tremendous impact on a divorce case. For a consultation with an experienced family law attorney in Maitland, contact The Troum Law Firm, P.A.