This is one of the most common calls we get. A parent has just come out of a temporary orders hearing. The hearing was short. Things were said quickly. The judge announced something and everyone stood up and it was over. Now they are sitting in the car in the parking garage trying to figure out what just happened to them and their children.
Sometimes the call is even simpler than that. I just had my hearing and I need help. Or I just had my hearing and I am wondering whether I should have a different attorney. All of these situations create a great deal of anxiety and part of that is somewhat normal and expected. Sometimes the worst part is that you have to wait until the minute entry comes out to really know the situation.
When will I receive the written minute entry?
The timing varies by court and case. The written minute entry tells you what the court actually decided, so wait for and read the order rather than evaluating the outcome only from what was said aloud in the courtroom.
When a parent alleges domestic violence, the Alec and Lydia Act requires the judge to make written findings at a temporary orders hearing. That is the part most parents skip past because they are looking for the parenting time schedule. The findings are where you learn how the court considered and analyzed all the evidence.
What should I look for in the minute entry?
- Did the court address the domestic violence allegation?
- Did the court conduct an analysis of the domestic violence evidence?
- Did the court address coercive control or only physical violence?
- Did the court make a finding that there was domestic violence?
- If the court found domestic violence, did it address the presumption against giving the abusive parent legal decision-making and parenting time?
- If the court found domestic violence, did it take away the abusive parent’s legal decision making?
- If the court found domestic violence, did it impose mandatory safeguards on access to the children by the abuser?
- If the court decided the presumption was rebutted, did it explain why?
How long do temporary orders last?
Temporary orders are not the end of your case. They generally govern while the litigation is pending until settlement, final orders, or another court order. They do not automatically become final orders, and the final trial still requires the evidence and requests supporting final relief. The temporary findings and record may nevertheless remain important.
Your record also keeps building after the hearing. What the other parent does during the litigation counts. Missed exchanges, vulgar messages, nasty behavior at handoffs, whatever the children experience. Keep making a record. Keep documenting.
What questions should I ask about the hearing?
- What did the court find about domestic violence?
- What evidence did I have that was not admitted?
- What can I change before the next hearing?
- Did I get to testify about what I wanted to?
- What questions did the judge ask?
- Did we run out of time?
- Was I prepared to testify?
- What should I document before the final trial?
- Was the cross examination of the abusive parent effective?
- Can we go to mediation?
What if I Am Thinking About Retaining an Attorney or Changing My Attorney?
Parents ask us these questions often and there is nothing unusual about asking. A domestic violence case is the hardest kind of family law case there is and coming out of a hearing wondering about the process and representation is not abnormal.
A second opinion is not unusual. You have the right to ask questions, to wonder, to feel less anxiety and to be secure in what you are doing and the decisions you are making. If you have a consultation with us, no matter the reason, bring your story. We can look up your case and your docket. If you have some documents, they can be helpful but not required.
