What is a Domestic Standing Order?
The Domestic Standing Order is a court order that is filed with every domestic relations civil case that is opened. Each Superior court has its own individual Domestic Relations Standing Order. The Domestic Standing Order will order each party to keep the ‘status quo’ and prevents each party from committing certain actions. Any violation of the standing order can result in the party being held in contempt of court and incurring financial burden.
What does the Domestic Standing Order keep parties from doing?
According to O.C.G.A. 19-1-1 the Domestic Standing Order keeps parties from:
(1) Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties;
(2) Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action;
(3) Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and
(4) Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action.
Why is it important?
In divorce cases, many clients are worried the opposing party may start to spend frivolously or sell a marital property. This is also why sometimes it is important to go ahead and file for divorce if a party is worried about their spouse doing something detrimental to the marital property or finances. By going ahead and filing for divorce the standing order will be in effect and prevent the spouse’s action. If it does not prevent their actions, then there will be consequences for violation of the standing order. However, the domestic standing order does not stretch to actions taken before the divorce or other domestic relations cases were filed. If you would like to speak with one of our experienced Family Law attorneys about beginning your divorce or other domestic relations case, please give us a call toll-free at 866-527-2630.