When a divorce or legal separation begins in California, the court process can take months—or longer. During that time, important issues like child custody, financial support, and property use cannot wait. That’s where temporary orders come in. These orders provide structure and protection while your case is pending.

If you’re navigating a marital proceeding, understanding the different types of temporary orders can help you protect your rights and stabilize your situation early on.

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1. Domestic Violence Restraining Orders (DVROs)

One of the most urgent types of temporary relief is available under California’s Domestic Violence Prevention Act (DVPA). A Domestic Violence Restraining Order can be requested at any point—before, during, or even after a divorce case is filed.

These orders are designed to protect individuals from abuse, which includes not only physical violence, but also threats, harassment, stalking, and disturbing the peace. Courts can issue immediate temporary restraining orders (often within 24–48 hours), followed by a hearing for longer-term protection.

DVROs can also include:

• Child custody and visitation orders
• Move-out orders
• Stay-away provisions
• Temporary child or spousal support

For many clients, this is a critical first step when safety is a concern.

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2. Automatic Temporary Restraining Orders (ATROs)

In every California divorce case, Automatic Temporary Restraining Orders (ATROs) go into effect as soon as the petition is filed and served.

ATROs are not about personal safety—they are financial and legal safeguards that prevent either party from taking unfair advantage during the divorce. Specifically, they prohibit both spouses from:

• Transferring or hiding assets
• Canceling or changing insurance policies
• Removing children from California without consent
• Altering beneficiaries on accounts or policies

These orders remain in place until the case is finalized or dismissed. Violating ATROs can result in serious legal consequences, including sanctions.

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3. Temporary Orders by Agreement (Stipulations)

Not all temporary orders require a court battle. In many cases, spouses can reach an agreement—called a stipulation—on issues like custody schedules, support, or bill payments.

Once signed and approved by the court, these agreements become enforceable orders. This approach can save time, reduce legal fees, and minimize conflict.

However, it’s important that any agreement is clearly written and accurately reflects the terms. Courts often require specific forms, especially when child support is involved.

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4. Ex Parte (Emergency) Orders

Sometimes, waiting for a standard hearing is not an option. Ex parte orders are emergency requests made to the court for immediate relief.

These are typically used when there is:

• Immediate danger to a child or spouse
• Risk of property loss or financial harm
• Urgent need to move a hearing date sooner

Ex parte orders can be granted with very short notice to the other party—or, in some cases, without notice if giving notice would cause harm.

Because courts scrutinize these requests carefully, detailed declarations and proper procedures are essential.

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5. Requests for Order (RFO) – Standard Temporary Orders

For most temporary issues in a divorce—such as child custody, visitation, spousal support, or attorney’s fees—you will file a Request for Order (Form FL-300).

This is the standard method for asking the court to make temporary decisions while your case is ongoing. A hearing is scheduled, both sides submit evidence, and a judge issues orders that remain in effect until modified or replaced by final judgment.

Timing matters here: proper notice and service requirements must be followed, typically at least 16 court days before the hearing.

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6. Temporary Financial Orders

Financial stability is often one of the biggest concerns during divorce. Temporary orders can address:

• Child support
• Spousal support
• Payment of debts
• Use of property (like the family home or vehicles)

To support these requests, you’ll need to complete an Income and Expense Declaration. This document plays a major role in how the court determines support amounts.

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Final Thoughts

Temporary orders are a powerful tool in California family law. They set the tone for your case and can significantly impact your financial security, parenting arrangements, and personal safety.

Because the process can be complex—and mistakes can be costly—it’s wise to work with an experienced California family law attorney who can guide you through your options and advocate for your best interests.

If you’re considering divorce or need immediate legal protection, taking prompt action on temporary orders can make all the difference.