A court order is an official proclamation by a

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

(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 auditory sci ...

, a

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

, an

appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...

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

; 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 distin ...

. A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt.

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

or as complex as restructuring contractual relationships by and between many

corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...

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: *

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 (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ...

* Court dates * Criminal sentences *

Divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...

decree * Emergency protective order *

Equitable remedy Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were ...

Gag order A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed on to any unauthorized third party. The phrase may ...

Injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...

Lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...

rulings *

Restitution and unjust enrichment Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...

Restraining order A restraining order or protective order is an order used by a court to protect a person in a situation often involving alleged domestic violence, child abuse and neglect, assault, harassment, stalking, or sexual assault. Restraining and perso ...

Search warrant A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...

Stay of execution A stay of execution ( Law Latin: ''cesset executio'', "let execution cease") is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" refers to the imposition of whatever judgment is bei ...

*Temporary protective order

U.S. interim order

One kind of interim court order is a

temporary restraining order An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable reme ...

(TRO), to preserve the

status quo is a Latin phrase meaning the existing state of affairs, particularly with regard to social, economic, legal, environmental, political, religious, scientific or military issues. In the sociological sense, the ''status quo'' refers to the curren ...

. 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 Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes r ...

, 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: * Marriag ...

, temporary orders can also be called ''pendente lite'' relief and may include grants of temporary

alimony Alimony, also called aliment (Scotland), maintenance (England, Republic of 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 ...

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.

Notes

References

{{Authority control Court orders

Content

Examples

U.S. interim order

See also

Notes

References