What is the Preliminary Injunction?

Filing for divorce is not only a huge decision, but can also be an intimidating process. Understanding all the paperwork leading up to and after filing is daunting. Hiring an attorney will make this process much easier.

Several documents are required in order to file, one of them is the Preliminary Injunction. Simply put, it is an Order explaining the rules of conduct while the divorce proceedings are pending.

The Preliminary Injunction is issued at the direction of the Presiding Judge when the Petition for Dissolution is filed. It is the Petitioner’s responsibility to serve a copy of the Preliminary Injunction upon the Respondent along with the Petition for Dissolution (and other documents).

Once a spouse has filed for divorce and has served the other party, this prompts a temporary injunction to begin immediately. The injunction is a court order that dictates one or the other spouse must refrain from or carry out an action. Both parties are bound by and must obey the Preliminary Injunction during the divorce. It is an enforceable Court order and failure to follow its mandates can lead to trouble.

From the moment the Petition for Dissolution is filed until the Judge signs the Decree of Dissolution of Marriage it is important that each party NOT do any of the following:

  • Hide earnings or community property
  • Take out a loan on community property
  • Take children out of state without prior written consent or Court approval
  • Remove the other spouse or children from insurance policies
  • Harass or bother your spouse or the children

This is not the entire list of prohibited conduct, but it gives you an idea of what is expected from both parties. If, for any reason, either party disobeys the Preliminary Injunction, the other party can file a Petition with the Court and ask the Judge to hold the offending party in contempt.

If you find yourself or a loved one facing a divorce and in need of a lawyer for a family law matter, please call OWENS & PERKINS at(480) 994-8824 to schedule your free 30 minute consultation.