Preliminary Injunction in Arizona Divorce and Paternity Cases
Restraining Orders, Orders of Protection
In every divorce or paternity case, the Court issues a Preliminary Injunction automatically when the initial petition is filed. Some people served with these documents wonder how the other party was able to get a Preliminary Injunction again them. This is because such order is automatically issued in all divorce and paternity cases. The Preliminary Injunction is effective against the person that filed the petition immediately upon filing and is effective on the other party once he or she is served with the documents (or otherwise is provided with a copy of such documents).
In both divorce and paternity cases, the Preliminary Injunction precludes both parties from harassing one another, and orders that neither party will take their common children out of state (or out of the country) during the pendency of the proceedings without the other party’s written permission or a Court order allowing such travel with the children. Thus, if you have plans with the children out of state and the other party will not verify in writing their permission for such travel, you will need to file a petition to travel with the children as soon as possible so that the Court will have adequate time to rule on your motion.
In divorce cases, the Preliminary Injunction also precludes parties from spending community funds except for necessities (i.e. reasonable living expenses), for expenditures in the ordinary course of business (i.e. if you have a business), as well as for their attorney fees and costs. The Preliminary Injunction issued in divorce cases also precludes each party from hiding assets from the other party, from diverting funds to others, and from removing the other party from most insurance policies.
For a copy of the Preliminary Injunction issued by the Court, click here.
You should be aware that a Preliminary Injunction is not the same as an Order of Protection. If you are a victim of domestic violence, you will want to strongly consider obtaining an Order of Protection against the other party. We have addressed these types of orders in our website – click here. Orders of Protection have much stronger remedies and consequences for violations versus a Preliminary Injunction.
A Preliminary Injunction is for the most part the same as a restraining order. However, there are situations where a more specific restraining order is necessary so that a third party (such as a bank) is required to freeze accounts etc.
The Preliminary Injunction terminates upon a final decree of dissolution (divorce) or paternity order.