In order to obtain a court order, an open case must be present in the court or one must be opened, and then a motion filed for the court order that has supporting evidence to show why the order is justified. In most cases a court order is temporary until the court date, at which time if the case goes in the favor of the one requesting the court order it can be made permanent.
Most courts offer leniency for people filing requests for court orders without the assistance of an attorney, but an experienced lawyer can help simplify the otherwise complex process of the legal request. The steps below show how a request is filed for a court order.
- Initiate a court proceeding Before the court can issue any type of order, there must be an open case in the court. Most of the time, court orders are part of a divorce, child custody hearing or other domestic proceeding.
- File a motion A motion is a brief explaining to the judge the type of order requested and why it is necessary.
- Provide evidence In order to obtain the court order, evidence must be produced as part of the motion to support the claimants case as to why the order is necessary.