When a family law case is initiated, emotions can run high, and actions taken in the heat of the moment can have long-lasting consequences. To mitigate this, courts often issue domestic standing orders, which serve as a set of temporary rules to preserve the status quo and protect the interests of all parties involved, including children. Understanding why these orders are put in place and how they function can help ensure that all parties comply and reduce unnecessary conflict during the legal process. 

What is a Domestic Standing Order?

A domestic standing order is a legal order automatically issued by the court when a family law case, such as divorce, legitimation or child custody, is filed. These orders apply to both parties and typically address a range of issues, such as preventing the sale or transfer of assets, prohibiting the cancellation of insurance policies, and maintaining the current living arrangements for children. Essentially, the court aims to prevent either party from making drastic changes that could impact the fairness of the proceedings or harm the family.

The Purpose of Domestic Standing Orders

The primary goal of domestic standing orders is to provide stability and fairness during the legal process. Here are a few key reasons why courts issue these orders in family law cases:

1. Preserve Marital Assets: During a divorce, there is often concern that one spouse may try to hide, sell, or otherwise dispose of marital assets. Domestic standing orders prevent both parties from making any significant financial moves, ensuring that assets remain intact until they can be fairly divided by the court.

2. Protect Children: When children are involved, their well-being is a top priority. Domestic standing orders often require that children's living arrangements, schooling, and routine activities remain unchanged to provide a sense of stability during what can be a confusing and disruptive time.

3. Maintain Insurance Coverage: In many cases, one party may be responsible for health, life, or automobile insurance that benefits the entire family. A domestic standing order prevents any changes to these policies, ensuring that coverage remains in place while the case is ongoing.

4. Prevent Retaliatory Actions: Emotions can lead to hasty decisions, such as one spouse locking the other out of the home or denying access to shared accounts. Domestic standing orders help prevent these types of retaliatory actions, fostering a more civil and cooperative environment as the case proceeds.

5. Encourage Compliance with Legal Processes: By clearly outlining what is and isn't allowed during the legal process, domestic standing orders help set expectations for both parties. This reduces the likelihood of misunderstandings and non-compliance, making it easier for the court to reach a fair and just resolution.

The Importance of Compliance

It's crucial for both parties to fully understand and comply with the domestic standing order issued in their case. Violating these orders can result in serious legal consequences, including fines or being held in contempt of court. Additionally, non-compliance can negatively impact the outcome of the case, as courts take violations seriously when making final determinations.

Domestic standing orders play a vital role in maintaining order and fairness during family law cases. By preserving assets, protecting children, and preventing retaliatory actions, these orders help ensure that the legal process proceeds smoothly and that both parties are treated equitably. If you're involved in a family law case, it's essential to consult with an experienced attorney who can explain the implications of the domestic standing order and guide you through compliance to protect your rights and interests. Give us a call at 404-999-9529 to schedule your legal consultation today.