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Legal Definitions - interim order
Definition of interim order
An interim order is a temporary directive issued by a judge or an administrative agency that takes effect immediately but is not the final decision in a case. Its purpose is to manage a situation, maintain the existing state of affairs (the "status quo"), or prevent immediate harm while the parties await a full hearing, trial, or final judgment.
These orders are provisional, meaning they are put in place for a limited time and can be modified or replaced by a permanent order once all evidence has been presented and a final decision is reached. An interim order can require a party to do something, or more commonly, to stop doing something, until the legal process concludes.
- Child Custody and Support: Imagine a couple with children decides to separate and one parent moves out of the family home. While they begin the lengthy process of divorce and negotiating a permanent custody agreement, the children need immediate stability. A court might issue an interim order granting one parent temporary primary physical custody and establishing a temporary visitation schedule for the other parent, along with a provisional child support payment. This order ensures the children's needs are met and provides a structured routine until a final, long-term custody and support arrangement is determined.
- Business Asset Protection: Consider two business partners who are dissolving their company due to irreconcilable differences. One partner suspects the other is attempting to secretly sell off valuable company assets at a reduced price or transfer funds out of the business accounts before a fair division can be made. To prevent this potential financial damage, a court could issue an interim order freezing specific company bank accounts or prohibiting the sale of certain assets. This temporary measure safeguards the company's value until a full audit can be completed and a final judgment on asset distribution is rendered.
- Property Dispute and Construction: Suppose a homeowner begins construction on an extension to their house. Their neighbor objects, claiming the new construction encroaches onto their property and blocks access to a shared driveway. The neighbor seeks immediate intervention to stop the building work. A judge might issue an interim order temporarily halting construction on the disputed portion of the property. This allows time for a professional land survey to be conducted and for a full hearing to determine the accurate property lines and access rights, preventing irreversible changes to the property in the meantime.
Simple Definition
An interim order is a temporary directive issued by a judge or administrative agency during ongoing legal proceedings. Its purpose is to maintain the current situation or status quo until a final hearing, trial, or judgment can be made. These orders are provisional and not permanent, subject to change as the case progresses.