A court order is an official proclamation by a
judge (or panel of judges) that defines the legal relationships between the parties to a
hearing
Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is audit ...
, a
trial, an
appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a
judge; some jurisdictions may also require it to be
notarized
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.
A notary, while a legal professional, is disti ...
.
Content
The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings.
An order can be as simple as setting a date for
trial or as complex as restructuring contractual relationships by and between many
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
s in a multi-
jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the
transcript of the proceedings.
Examples
The following represents a small sampling of matters that are commonly dictated by the terms of a court order:
*
Restraining order
*Temporary protective order
*Emergency protective order
*
Search warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countr ...
*
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
decree
*
Child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
*
Child support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
*
Lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
rulings
*Criminal sentences
*Court dates
*
Equitable remedy
*
Stay of execution
U.S. interim order
One kind of interim court order is a
temporary restraining order (TRO), to preserve the
status quo. Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal.
In the area of
domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP) (or temporary protective order, TPO) to prevent any further violence or threat of violence.
In
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marri ...
, temporary orders can also be called ''pendente lite'' relief and may include grants of temporary
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial su ...
,
child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
, and/or
visitation
Visitation may refer to:
Law
* Visitation (law) or contact, the right of a non-custodial parent to visit with their children
* Prison visitation rights, the rules and conditions under which prisoners may have visitors
Music
* ''Visitation'' (D ...
.
See also
*
Anti-social behaviour order
*
Drinking Banning Order
*
Injunction
*
Gag order
*
Lawburrows
*
Lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
*
Judge
*
Hearing (law)
*
Trial
Notes
References
{{Authority control
Court orders