When you file a divorce, legal separation, or annulment case in Arizona, the law requires you to file a preliminary injunction. The law spells out exactly what must be in the preliminary injunction. The purpose of the preliminary injunction is to prevent either party from doing harmful things financially or health-wise.
The preliminary injunction prevents either party from transferring, concealing, selling, or disposing of community and joint property. But there are exceptions for things such as necessities of life, ordinary course of business, and legal fees. Also, these prohibitions in the preliminary injunction can be overcome by obtaining judicial permission or the consent of the other party.
The preliminary injunction also prohibits a party from molesting, harassing, disturbing the peace, or committing an assault or battery on the other party or the parties’ children. The preliminary injunction also prohibits you and the other party from removing the children from Arizona without the other party’s consent or the judge’s approval.
Another important protection found in the preliminary injunction is the prohibition on removing the other party or the child from insurance coverage, and it also requires that all existing coverage remain effect until the conclusion of the case.
There is standard language that MUST go into the preliminary injunction. This language is a warning against doing the above-mentioned things and is worded plainly enough that a person should be unable to claim they didn’t understand what it means.
The preliminary injunction remains in effect throughout the entire case. It automatically ends when the case is finalized or dismissed.
If a party to a divorce, legal separation, or annulment case violates the preliminary injunction, the person can be arrested and charged with interference with judicial proceedings. The party who violated the preliminary injunction can also be held in contempt of court. And the party who violated the preliminary injunction can be the subject of any other available legal remedies, such as a civil lawsuit or other legal relief.
The preliminary injunction applies to the person who filed the case as soon as it is filed. The preliminary injunction applies to the non-filing party as soon as that party is properly served with the preliminary injunction.
If you are subject to a preliminary injunction, take it very seriously. If you suspect the other party is violating the preliminary injunction, call our office immediately for a consultation to determine how best to protect your interests.