Parties to a divorce case may make immediate requests from the court for “Temporary Orders.” These requests are made by filing for a hearing called an “Order to Show Cause (OSC).” An OSC is simply an appointment to see the judge, wherein the parties ask the judge to make certain orders.
The OSC Process
Before the OSC, each party files court papers telling the judge his or her side of the case and indicating what orders he or she thinks should be ordered.
The kinds of orders a judge will make before a trial date include orders for temporary custody and visitation, orders for temporary child support, and temporary spousal support. These temporary orders typically dissolve on the trial date.
On the date of the actual Order to Show Cause hearing, each party has the opportunity to add new information, answer questions from the judge, put on testimony, and describe to the court how he/she believes the law applies to his/her case. The judge then makes a ruling on these matters.
The OSC Hearing
At an OSC, which occurs before the parties’ trial date, the court only has the power to address certain issues. These are issues that are too important to wait until the trial. The kinds of orders a judge will make before a trial date include orders for temporary custody and visitation, orders for temporary child support, and temporary spousal support (also known as alimony, orders for attorney fees, orders to sell the house, or restraining orders when domestic violence is involved).
These temporary orders typically dissolve on the trial date. The person filing the Orders to Show Cause almost always has the burden of proof.
If your case is complex enough to warrant temporary orders, consult with a California divorce attorney now. They will advise you on how to get what you need until your divorce is final.
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