What Happens at a Temporary Orders Hearing in Arizona?
Both parties and their attorneys will appear before the judge assigned to the case on the date and time previously scheduled by the court for the Temporary Orders Hearing. Both parties will be seated at separate tables with their respective attorneys. The judge will enter the court room and the bailiff will tell everybody to “please rise” whereupon both parties and counsel will stand until the judge tells everyone they may be seated.
The Bailiff then gives the oath to the parties and all witnesses. Most judges will then ask the Petitioner’s attorney if any of the issues have been resolved. If you have settled some or all of the issues, one of the attorneys will recite the terms of the agreement to the judge.
The judge will ask the other attorney if what was stated is his or her understanding of the agreement. Lastly, the judge will ask you if you reached the agreements recited by the attorneys and may ask additional questions, such as:
- Whether you were under any duress or coercion in reaching the agreement;
- Whether you are satisfied with the advice you received from your attorney;
- Whether you believe the agreement is fair and equitable;
- Whether agreements regarding your children are in the best interests of your children;
- The judge may then adopt the parties’ agreements as the orders of the court.
If you have not resolved all of the issues, the court will begin the hearing by asking the Petitioner to present his or her case first, which involves asking questions of witnesses and introducing documents marked as exhibits into evidence. Both lawyers will have an opportunity to question each witness or object to any exhibit offered into evidence.
Petitioner and his or her witnesses will first be questioned by his or her attorney (i.e., direct examination), followed by a cross examination by the opposing attorney, and then followed by another round of questioning from his or her attorney (i.e., rebuttal testimony) to elicit additional testimony that is limited to only those areas addressed in opposing counsel’s cross examination.
Once Petitioner completes the presentation of all of their witnesses, Respondent begins their case by calling witnesses to testify and introducing exhibits into evidence with the same cross examination and rebuttal testimony elicited by the attorneys. A third round of questioning may occur by Petitioner’s attorney to present rebuttal evidence regarding evidence presented by the Respondent.
Once the presentation of the evidence is complete, the attorneys may provide the court with brief closing arguments as to what facts they believe the evidence proved, the applicable law that applies to each issue, and why his or her client should prevail on the temporary orders each client has requested the Court issue.
Many judges do not like to make a decision on the issues immediately after the hearing. You may have to wait a few weeks, and sometimes longer, before you receive the judge’s ruling on Temporary Orders. It really depends on your judge and the complexity of your case.
Contact Our Scottsdale Arizona Divorce Attorneys
If you are in need of a divorce lawyer in Arizona, the family law firm of Hildebrand Law, PC is only a phone call away. Our attorneys handle all types of divorce cases in Arizona. Please call (480) 305-8300 if you wish to speak with our Arizona divorce lawyers or have additional questions regarding Arizona divorce laws.