Court proceedings can take many months and, if you add in the appeal process, even years. Sometimes, however, situations arise where it is necessary to make a very quick decision, at least temporarily and provisionally, in order to avoid a very unfavourable situation. In which cases is an application for interim measures appropriate?
Quick overview:
If you need to adjust your legal situation quickly, we can help you prepare a motion for an interim measure. Just tell us your problem.
A model situation for the use of an interim measure can be a pending divorce proceeding. However, the parents are no longer actually living together. However, one of them has appealed against the first-instance judgment, a final decision is pending and the other parent takes care of the children and pays for everything out of one salary or parental allowance. However, the money is far from sufficient, the family is on the poverty line and financial help from the other parent to care for the children would be appropriate. An interim order for temporary maintenance could be a solution.
Similarly, the regulation of the parent’s access to the child is often the subject of an application for an interim measure. For example, when the child moves without the consent of the other parent or when there is some other unexpected change. Custody proceedings tend to be a sensitive matter for all parties, and an interim measure where the court decides “from the table”, so to speak, can mean a significant change in the lives of the parties. However, according to the Constitutional Court, interim measures in custody proceedings should be viewed in the same way as when the court decides on the merits. In doing so, however, it cannot be expected to have the same amount of supporting evidence as in ordinary proceedings. This should therefore quickly follow.
But let us leave family law. Imagine that your neighbour discharges water directly onto your land, which is in the hill below his house. He is therefore unaffected, while your garden and now the foundations of your house are waterlogged. You need to get him to stop this substandard practice quickly. By taking precautionary measures, you can achieve protection for your property.
In the situations described above, an interim measure would at the very least be offered for consideration. Obviously, obtaining a quick, albeit temporary, decision would be desirable in most proceedings, but not all situations can be decided that way by the court. So what is the legal framework for interim measures and what does the concept even mean in terms of legal theory?
With an interim measure, you can get a very quick decision from the court. However, it is essential to have it really carefully prepared, as there is no further evidence. We will prepare a careful analysis of your case and take care of the preparation of a pre-action notice, interim measure, action, appeal or straightforward representation in court, where we will vigorously enforce your rights.
I want help with an application for interim measures
It is a form of order which serves to provisionally or provisionally regulate the circumstances of the parties or where there is a fear that the enforcement of a court decision would be jeopardised. It may be issued before the actual commencement of the proceedings or afterwards.
The Code of Civil Procedure provides some indication of what might be the subject of such an application, and gives examples of when such an order may be sought.
An interim measure may order another party to
In order to avoid the situation described above, whereby anyone files an application for an interim measure in order to expedite the proceedings, the Code of Civil Procedure provides for the obligation to lodge a so-called security with the application. This is not, however, a normal court fee, but a separately set amount of money, namely CZK 10 000 for ordinary applications and CZK 50 000 if your application concerns a business. The President of the Chamber may, if necessary, decide that the security needs to be increased.
The security is intended to compensate for any damage or other harm that could potentially be caused by the interim measure. Should the interim measure prove to be unfounded later in the proceedings, the applicant will be required to compensate for the damage. This principle is intended to discourage the excessive use or abuse of this institution. However, if the application for interim measures is not granted or is granted but no action for damages is brought within the time limit, the security will be returned to the applicant.
The law also provides for exceptions for which the obligation to lodge a security does not apply. These are situations where
The exceptions are primarily intended to avoid situations where the amount of the security could deter the applicant from bringing the application in situations where either the care of minor children, which is a state-protected interest, is at stake or the applicant is generally in a weaker position.
If you are unsure whether you need to post a bond or whether you qualify for an exception, we recommend consulting with an attorney first.
If you plan to propose an interim measure, be sure to include:
We know from our own experience that it is often the really small details that make the difference – a poorly worded application is dismissed by the court without further ado. If you want to make sure you succeed, entrust its preparation to us.
An application for an interim measure can look like this:
Petitioner:
Jana Novotná, born 15 March 1990
residing at Lipová 123, 602 00 Brno
Other party:
Petr Novotný, born 12.6.1988
residing at Jabloňová 45, 635 00 Brno
Application for interim measures
I. Statement of facts:
The appellant, Jana Novotná, brings this application for interim relief because proceedings are pending between her and the appellant, Petr Novotný, for the adjustment of relations with their minor child, Adam Novotný, born on 5 May 2015.
The appellant, Petr Novotný, is not currently contributing to the maintenance of the minor child, although his income circumstances allow him to do so. The appellant, as the mother of the minor, bears all the costs of his maintenance, education and other needs herself, which is financially unsustainable for her.
II. Justification for the need for interim measures:
There is an urgent need to provisionally regulate the relationship between the parties in the matter of maintenance of the minor Adam Novotny pending a final decision of the Court in order to ensure the basic needs of the minor’s life.
III. Application for interim measures:
The appellant proposes that the court issue the following interim measure:
The appellant Petr Novotný shall be obliged to contribute to the maintenance of the minor Adam Novotný, born on 5 May 2015, in the amount of CZK 4 000 per month, payable in advance to his mother Jana Novotná by the 15th day of each month.
Done at Brno, 29 April 2025
[signature of Jana Novotná]
In proceedings for interim measures, the court does not normally hold a hearing and decides without hearing the parties. The application must be sufficiently specific and well-founded to satisfy the conditions for granting it. Full proof of the facts alleged is not required, as in ordinary proceedings; it is sufficient to certify them, i.e. to demonstrate a degree of probability which justifies the court’s prompt intervention.
Thus, it is necessary to have a really precisely drafted application supported by documentary evidence. We therefore do not recommend using the generic templates for interim measures that can be found on the internet. They may not cover your situation at all and may omit important facts that need to be stated. Instead, the preparation of the application should include consultation with a lawyer.
Courts may differ in their assessment of urgency – particularly in disputes between parents, the decision-making process is highly individual.
The court which will subsequently decide on the case itself is in principle competent (both in terms of subject matter and location). It must decide on the application without delay, within 7 days at the latest (except for two special proceedings – see below). The court does not need to order a hearing and the parties do not even need to be heard. The court decides on the interim measure by order.
Since the decision is indeed very urgent and it is not desirable that the arrangement of the situation thus established should last indefinitely, the judge may at the same time determine the period for which the interim measure is valid. At the same time, he or she sets a time limit within which the applicant must bring an action (i.e. an application to initiate proceedings on the merits). If he fails to bring an action within that period, the interim measure automatically expires. However, this obligation does not apply in proceedings that the court can initiate even without an application – typically, for example, in matters concerning the care of minors.
The only remedy against an interim measure is an appeal. However, its filing is complicated by the fact that the order itself does not have to state reasons. Since no evidence is foreseen in the proceedings themselves, no new evidence can be proposed in the appeal.
We have detailed the appeal process in civil court proceedings in our article. In it, you will learn what should not be missing in the appeal, what its effects are and how the court can decide.
Two types of interim measures have earned special legal treatment because of their importance and perhaps frequent use:
The application must also contain a statement of facts which establish that cohabitation is intolerable because of physical or mental violence against the applicant or another living in the household, or a statement of facts which establish unwanted surveillance or harassment of the applicant. This procedure therefore also allows interim measures to intervene in the case of so-called stalking.
The court may order that a specified person (the respondent) is, as a rule, to be stalked for one month:
The court shall rule on the petition within 48 hours of service. Violation of this interim measure may constitute an offence of obstruction of official decision and expulsion under the Criminal Code.
In practice, we often see that applications are dismissed simply because the applicant has not provided basic documents (for example, proof of income or communication between parents).
What is domestic violence and how to defend yourself? Find out in the next article.
The second type of special proceedings regulated by the Special Proceedings Act concerns minor children. It is intended for acute cases where a minor child has insufficient proper care or his/her development (or other important interest) is seriously threatened or impaired. The court decides on the petition within 24 hours of receipt of the petition, even on weekends.
Such an interim measure may, for serious reasons, for example, provide for the custody of the child by another person, or for the custody of the mother or father, where the other parent may be restricted from contact with the child. The child may also be placed in the care of another relative or close person. In such a case, however, this must be done on the proposal of the child welfare authority.
Another relatively common case in which interim measures are used is the substitution of parental consent. Several cases have also been reported in the media recently in the context of covid, for example, where one parent did not agree to vaccinate their children and the other parent did not respect their consent. This institution could then be used to prevent the first parent from “disposing” of the child solely on the basis of his or her will.
Interim measures provide quick, temporary legal protection in cases where there is a risk of the situation deteriorating before a court decision. They are used, for example, in disputes over maintenance, asset protection or employment claims, and can include an obligation to pay, restrictions on the disposal of property or the prevention of unwanted behaviour. The application must be carefully prepared, supported by evidence and backed up by financial security. If the measure is approved, the plaintiff must file a lawsuit quickly to obtain a final decision.
It shall be valid for a period to be determined by the court, or until the decision on the merits becomes final. If the decision is given before the proceedings are instituted and the claimant fails to bring an action within the time limit, it shall automatically lapse.
Yes. The court may issue an interim measure without the other party’s statement if the purpose of the measure would otherwise be frustrated. The other party will usually make a statement only subsequently on appeal or in the subsequent proceedings.
Violations can lead to enforcement (execution) or fines. In serious cases, such as violation of a no-contact order or eviction from a dwelling, it can also be a criminal offence to obstruct the execution of an official decision.
Not always automatically. The security serves to compensate for any damage caused by an unauthorised interim measure. If no damage occurs and no one claims it, the security is returned.
Yes. If the circumstances change or the reasons for which the order was made no longer apply, the court can amend or revoke the order – even without a petition.
Yes, but only if there are new facts. Repeated filing of identical motions without a change in circumstances may be considered by the court to be an abuse of discretion.
Representation by a lawyer is not mandatory, but in practice it is often very appropriate. The application must be specific, convincingly reasoned and supported by evidence, otherwise the court will quickly dismiss it.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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