When a couple decides to divorce, the process often involves various legal proceedings and court orders. They ensure that the rights and responsibilities of both parties are protected. One such legal tool used in many divorce cases is a preliminary injunction. Genesis Family Law and Divorce Lawyers are ready to represent you.
But what exactly is a preliminary injunction in divorce, and how does it affect the parties involved? We will delve into the specifics of a preliminary injunction, its purpose, and its impact on the divorce case.
A preliminary injunction is a court order issued early in a divorce case. It maintains the status quo between the divorcing parties while the case continues. This means neither party can make significant changes that could affect the marital property, minor children, or the overall divorce case until a final decree is or temporary restraining orders are issued.
The purpose of a preliminary injunction is to prevent one spouse from harming the other spouse irreparably. For example, a spouse might be tempted to sell off community property. They might want to transfer assets somewhere else. They might even deny the other spouse access to necessities like health insurance or disability insurance.
By issuing a preliminary injunction, the court ensures that both parties adhere to the rules outlined in the injunction. That way, the divorce case proceeds in a fair and orderly manner.
In Arizona, a preliminary injunction is typically issued automatically when a divorce case is filed. The court orders this preliminary injunction as part of the initial court proceedings.
Both parties are then notified of the court order, which becomes an official court order that they must follow. A party failing to adhere to the preliminary injunction could face legal consequences, including being held in civil contempt.
The preliminary injunction may be served by a local law enforcement agency or delivered through other legal means, including accepted service. Once the moving party and the opposing party receive the preliminary injunction, they are expected to comply with its terms.
If the court deems that either party has violated the injunction, they may be required to file evidence showing their compliance. Otherwise, they could face additional legal action.
A preliminary injunction in a divorce case typically includes several key provisions. These are designed to protect both parties and their assets during the judicial proceedings. Some of the most common provisions include the following statement below:
Violating a preliminary injunction can have serious legal consequences. If one spouse disregards the terms of the preliminary injunction, the other spouse can file a motion with the court to enforce the court order. This might include penalties such as fines, court fees, and reasonable attorney fees.
Additionally, the violating party could be held in civil contempt of court, which may result in further legal penalties. Sometimes, the court may determine that the preliminary injunction issued lacked personal jurisdiction. This can occur if the court does not have the legal authority to impose the injunction.
Maybe the party was not properly notified, or the other party did not have actual notice of the injunction. In such instances, the court may void the injunction. Then, a new injunction may need to be issued with the correct personal jurisdiction.
One of the most critical aspects of a preliminary injunction is its role in protecting minor children from legal separation during a divorce case. The court is typically very concerned with the well-being of children.
It will take action to ensure that the divorce has no negative effects on them. This includes maintaining their living arrangements, schooling, and other aspects of their daily lives in the usual course.
The preliminary injunction often includes provisions that prevent either parent from taking actions that could disrupt the children's lives. For example, the injunction may prohibit a parent from moving the children out of state. Additionally, the injunction may require both parents to continue providing for the children's necessities of life, including food, clothing, and shelter.
While a preliminary injunction is a powerful tool in divorce cases, there are exceptions to its enforcement. For instance, if one spouse needs funds to pay for necessities, they may be allowed to do so even if the preliminary injunction is in place. However, they may be required to explain how the court used the funds.
In other cases, a preliminary injunction may be modified or lifted if the court finds that it is causing undue hardship to one third party's property. If the court determines that the injunction is no longer needed or is too restrictive, it may modify the injunction's terms to suit the circumstances of the case better.
Navigating a divorce case can be challenging. It is even harder when preliminary injunctions and other legal orders are involved. Individuals going through a divorce need to seek the guidance of experienced family law attorneys. Our law firm can help you comply with the court orders and protect your rights throughout the divorce case.
Family law attorneys can also assist in challenging a preliminary injunction. The court's lack of personal jurisdiction could make the injunction unjust. We can represent you in any judicial proceedings related to enforcing or modifying the injunction and help you achieve a fair outcome.
A preliminary injunction is a critical component of many divorce cases. It maintains the status quo and protects the rights of both parties as they navigate the divorce process. At Genesis Family Law and Divorce Lawyers, we help you understand the purpose and provisions of a preliminary injunction. We want to make sure you do not suffer irreparable harm. Contact us today to schedule a free case consultation.
