Los Angeles, CA asked in Family Law for Arizona

Q: If I have received an order of dismissal does this mean that the temporary orders that were in place are no longer?


The Court previously notified the parties that this case would be dismissed on November 12, 2023 without further notice unless specific action was taken prior to said date. No such action having occurred,

IT IS ORDERED dismissing this matter in its entirety without prejudice for lack of prosecution.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: Temporary orders are, as the name suggests, "temporary," i.e., they are only in effect until the Court issues a final ruling. A dismissal is a final ruling.

There is a way to preserve temporary orders even when a case is dismissed, but one of the parties would have to have requested it, and the court would have to find that maintaining those orders would be in the best interests of the children. See ARS 25-404(B). It does not seem that occurred. It looks more like it just fell off the calendar because neither party took any action. Further, if the Court had continued the temporary orders, it would mention the continuation of temporary orders specifically in the Minute Entry. What you shared does not reference the temporary orders; therefore, temporary orders are likely not in effect

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