Order After Hearings- What are they and Why do you need them?
You’ve gone to mediation and come to an agreement with the opposing party or you’ve gone to court and the judge has made orders in your case, great, but now how can they become enforceable. You need to complete and submit an order after hearing per California Rules of Court Rule 5.125. An order after hearing compiles all of the orders that you’ve agreed to in mediation, by stipulation or that the judge ordered at the hearing.
If you attended mediation and came to an agreement with the opposing party the meditator will prepare a mediation report which reflects the parties agreement and if at the hearing both parties still agree with the agreement the judge will make them the orders of the court. Then these orders will need to be included in the Order after Hearing. The same goes for those individuals who come to court and are able to reach an agreement and write a stipulation (the agreement on court papers) to present to the court for signature. The judge will receive the stipulation, ask both parties whether they agree to the stipulation as written and then sign it so long as both parties agree. Once he signs the stipulation (which is written on carbon paper) an Order after Hearing will need to be completed. And the same goes for all orders that the court makes during each hearing. A judge will make orders based on the party’s arguments to the court; all court papers and the law. These orders will need to be compiled in the Order after Hearing to be signed by the judge.
While court orders become effective immediately upon the judge making them, the judge accepting an agreement from mediation or the judge signing the stipulation they are almost impossible to enforce without the signed Order after Hearing. The signed Order after Hearing is essential to enforcement. If one party does not follow the court orders and the police need to be called, they will request the signed Order after Hearing to be able to enforce the court orders, they will not go off of your word alone. So therefore the Order after Hearing is essential to making sure you can enforce the orders. Too often people will leave court knowing that court orders exist but they have no way of being able to enforce them.
Do you have court orders currently but no way of enforcing them because you do not know how to complete the order after hearing? If this is the case you should contact the lawyers at The Haynes Law Firm, APLC to assist you in completely the Order after Hearing in compliance with California Rules of Court Rule 5.125. Our friendly and knowledgeable staff will provide you quality service while protecting you at the same time.
Crista Haynes is the principal attorney at The Haynes Law Firm, APLC and is highly experienced in the areas of family law, criminal defense and estate planning.