Divorce tends to be messy, where one or both parties may be left bitter. An injunction can protect parties from possible issues. Here’s everything you need to know about injunctions in divorce.
Temporary restraining orders, preliminary injunctions, and permanent injunctions are types of injunctions that a court may order in a divorce. An injunction protects parties from possible bitter spouses and their actions and is common in divorces.
An Injunction in Divorce Basics
An injunction is a legal tool available in divorce to protect one spouse’s interests from a vindictive spouse. An injunction is a court order that forces one party to start or stop doing something. These actions may cause physical, mental injury, or property loss of a spouse.
Three types of injunctions are a temporary restraining order, a preliminary injunction, and a permanent injunction.
A Temporary Restraining Order in Divorce
One files a temporary restraining order when they need immediate or emergency relief, either to protect individuals or property. Temporary restraining orders may be in place for 5-10 days, or until the court holds a hearing on whether to issue a longer injunction.
A temporary restraining order maintains the status quo until the divorce case is settled. Courts grant temporary restraining order requests to prevent certain dilemmas before they arise. Temporary restraining orders are the most common injunction sought in a divorce case. Attorneys may ask clients for temporary restraining orders at the beginning of divorce cases while filing divorce petitions.
Some states have temporary restraining orders, known as Automatic Temporary Restraining Orders, which go into effect as soon as one spouse files a divorce petition.
Related: Contested and Uncontested Divorce: The Difference
A Preliminary Injunction in Divorce
A preliminary injunction is filed for an incident of potential harm, but not an immediate threat. However, one may want to avoid taking chances and file a preliminary injunction before settling the divorce. A court may order a preliminary injunction when it is clear both parties have difficulty reaching a consensual property settlement and may have a long, bitter court battle ahead.
A preliminary injunction may be used to prohibit parties from hiding or destroying assets, known as the “dissipation” of assets, impacts the amount of money available for division between both parties and denies one spouse of their right to a division of marital assets or property, regardless of whether a state practices the equitable distribution model or divides 50/50.
Related: How to Contest a Divorce in California
A Permanent Injunction in Divorce
Permanent injunctions will be seen at the end of a lawsuit as a part of a final divorce case judgment.
Injunction in Divorce Violations
Contempt
One may move for contempt if their spouse is violating an injunction. Motions for contempt may seek either punitive or remedial relief. While it may seem attractive to motion for contempt, it can be considered a quasi-criminal proceeding and may slow down parties’ divorce settlement.
Motions to Enforce
One may be able to request the court enforce the terms of the injunction.
Consequences of Violating a Divorce Injunction
Violating an injunction may cause damage to a party’s credibility and may change how the court views them. A judge uses their discretion in determining cases, and a demonstrated lack of credibility from one (or both) parties can complicate the case. The court may order the party guilty of hiding assets to give said funds to their spouse.
FAQs about Injunction in Divorce
How are injunctions issued?
Courts tend to issue injunctions without notice to the recipient because timely notice would allow the recipient to evade the purpose of the injunction.
What can a temporary restraining order prevent a spouse from doing?
A temporary restraining order can prevent a spouse from:
- Moving shared children out of the state
- Canceling health or car insurance
- Taking out a loan using marital assets as collateral
- Emptying and closing bank or retirement accounts
- Removing a spouse as the beneficiary on a life insurance policy.
Contact Us
If you or a loved one would like to learn more about what is an injunction in divorce, get your free consultation with one of our divorce attorneys in California today!