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Acourt order is an official proclamation by ajudge (or panel of judges) that defines the legal relationships between the parties to ahearing, atrial, anappeal or other court proceedings.[2] 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 ajudge; some jurisdictions may also require it to benotarized. A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt.
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[a] and evidentiary[b] rules that govern the proceedings.
An order can be as simple as setting a date fortrial or as complex as restructuring contractual relationships by and between manycorporations 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 thetranscript of the proceedings.
The following represents a small sampling of matters that are commonly dictated by the terms of a court order:
One kind of interim court order is atemporary restraining order (TRO), to preserve thestatus 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 ofdomestic 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.
Infamily law, temporary orders can also be calledpendente lite relief and may include grants of temporaryalimony,child custody, and/orvisitation.
