How to Get a Court Order

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

There are 13 references cited in this article, which can be found at the bottom of the page.

This article has been viewed 201,845 times.

A court order is a written or spoken decision made by a judge. A court order will instruct a party (either an individual or a business) to either do something or not do something. Court orders are issued in may different types of legal proceedings, for many different reasons. People can get court orders in civil cases, family law cases, and in some instances, when no lawsuit is involved.

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Getting a Court Order in a Civil Case

personal injury lawsuits,
defamation lawsuits,
breach of contract lawsuits,
medical malpractice lawsuits, and
slip and fall lawsuits.

If you do want to hire an attorney, choose someone who has at least 3-5 years of experience handling whatever type of case you have.
To find an attorney near you, consider talking to friends and family members who have used an attorney before. Find out who they hired, for what type of service, if they were happy with the services, and why or why not. Ask if they would recommend the attorney.
You can also find an attorney by checking online reviews. Many websites offer free reviews of businesses. Some places to look for lawyer reviews include: FindLaw, Avvo, and Yahoo Local.

Generally, you should file a case that deals with a state law in state court. The majority of civil cases, including personal injury cases, landlord-tenant cases, and breach of contract are based on state law. Usually, you should file your state court case in the state where the actions occurred.
There are a few types of cases that should be filed in “federal court” instead of state court. If your case is based on a federal law, you can sue in federal court. A few examples of cases under federal law include: suing a police officer under the federal civil rights statute (called a 1983 case),suing someone for patent infringement, or suing an employer under Title 7 for discrimination. [3] X Trustworthy Source United States Courts Official website for the U.S. court system Go to source

Small claims court: small claims courts will usually hear claims that involve a certain amount of money - usually up to $2,500 - $5,000.
Courts for medium-sized claims: usually, the middle level of court will hear cases that involve claims of up to $25,000,
Courts for any cases with larger claims: there is usually a court that will hear claims that are about $25,000, and also certain specialized statutory claims that specify in the law which court will hear them.

If you have an attorney, he or she will write and file your complaint.
If you do not have an attorney, you can look online to see what a complaint for your type of case looks like, or call the court where you will file and ask if there is a special form complaint that you can use.

Timing: trials are often long and drawn out, therefore, settling now means that you will probably receive money sooner rather than later.
Easier than trial: as someone representing yourself, going all the way through the trial can be stressful due to the complex and unfamiliar nature of the legal system, settling will save you from having to navigate all the way through a trial on your own.
You will know and agree to the result: if you end up going to trial, you really have no idea how the judge will decide your case, and the order may end up being against you! Settling allows you to agree to the amount of money you will receive, and saves you and your opponent from the uncertainty of trial.

For more information on how to proceed with a civil lawsuit, visit wikiHow’s guide on Suing in Civil Court.

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Getting a Court Order in Family Court

Family court orders are almost always from the family court in the state where the parties reside. If a child is involved, the action is usually filed in the state where the child lives. [6] X Research source
Matters that deal with “family issues,” are almost never filed in federal court. Therefore, if you file for divorce, custody, visitation or paternity, you will file your action in state court.

In most cases, the only people who can file in court to establish paternity are the child, the child’s mother, and the alleged father.
Usually, the court will order a DNA test to determine whether the “father” in the complaint (whether he filed the complaint was named by someone else) is actually the child’s biological father.
Because paternity cases can be extremely complicated, you should call your local family court to see if there is any help available to help you through the process.

While it is possible to file for divorce yourself, it is often useful to acquire help during the process. Depending on the state you and your spouse live in, you may be able to get help from a “domestic relations clinic” at your courthouse, a low cost attorney, or a legal clinic at a local law school.
Most state court websites have links to the forms you need to file for divorce. These forms have the legal language in place with space where you can fill in details for yourself and your spouse.
To get more information on filing for divorce yourself, visit wikiHow’s guide on Filing for Divorce Without an Attorney.

If you are in the middle of your divorce, then you likely have a case number or court file already. Therefore, you will not need to file anything extra to get an order regarding custody and support.
If you are married and have not yet filed for divorce, you will need to file for divorce in order to get a hearing for child custody and support.
If you have filed for divorce, or are not currently married to your child’s other parent, call the local court clerk (either in the county where you live, or where you filed for divorce) and ask to schedule a hearing for child custody and support.

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Filing for an Order of Protection

If you or your children are in immediate danger or are being stalked and harassed by someone who has threatened you with physical harm, you can get an emergency protective order from the court, which will go into effect more quickly than a restraining order. [11] X Research source

ordering abusers or stalkers to avoid any contact with you and/or your children, whether in person, by phone, by email or any other medium.
Ordering abusers or stalkers not to come within a certain distance of you and/or your children. Most commonly, this distance is 100 yards (91.4 m), but it can be extended well beyond that.
If you live with the abuser, the judge can order he or she to move out.
The judge can order that a police escort be present during any necessary contact with the abuser, such as when he or she returns to a shared living space to collect possessions.

If you have questions but prefer not to hire a lawyer, ask for help from court staff or an advocate, who may be able to answer your question.
Additionally, you can call a domestic violence hotline to ask about your options, and in some cases, the organization associated with the hotline can provide a lawyer for you. To speak with someone from the National Domestic Violence Hotline, call 1−800−799−7233 or 1−800−787−3224. [13] X Trustworthy Source National Domestic Violence Hotline Organization providing lifesaving tools, support, and resources for victims and survivors of domestic abuse Go to source
For more information on how to get a restraining order, look at wikiHow’s guide on Getting a Restraining Order.

Expert Q&A

How can I get a court order online? Barzin Barry Sabahat, JD
Attorney at Law

Barry Sabahat, Esq. has been practicing law in California since 1993. He received his JD from Western State University College of Law in 1992. His current practice is based in the San Francisco Bay Area and focuses on Estate Planning, Transactional Law and drunk driving cases.

Attorney at Law Expert Answer

If you want to get a copy of an existing order, it depends on whether the court has ECF (Electronic Case Filing Capacity.) Federal Courts for example, have ECF / PACER which are the filing and record retrieval services available online. If you are talking about filing and asking for a court order, there is no process by which it can be done online, with the exception of some motions in Federal courts.

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Where do I find a court order form? Barzin Barry Sabahat, JD
Attorney at Law

Attorney at Law Expert Answer

Most court orders are written on "pleading paper," so you may not be able to find the form you need online. However, there are some court orders that are pre-made forms. For example, California family court issues much of its orders in pre-made forms. If a form is available online, then you may be able to find it on the court's website or by running an internet search for the form you need.

How do I get a court order if the court is not willing to give me information on my case? Barzin Barry Sabahat, JD
Attorney at Law

Attorney at Law Expert Answer

To get a court order, you will first need to find out why the court is not providing you with information. After that, you can try to address the issue. If you still cannot get the information you need, then the court may be willing to give the information to your attorney with instructions not to share the information with you. In general court files are open for review by public, but there are times when a court file is sealed either because a minor is involved or else the court deems a risk of some sort if the information is available to the public.