What is a preliminary injunction in family law matters?
Pursuant to A.R.S. § 25-315 in actions for dissolution, legal separation and annulment the superior court will issue a preliminary injunction to the parties upon the Petitioner’s filing of the Petition.
What is the purpose of a preliminary injunction?
The preliminary injunction is put in place to maintain the status quo during the pendency of the matter. More specifically, the preliminary injunction prevents either party from “transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this articles, without the written consent of the parties or the permission of the court.” In addition, the parties cannot harass, disturb, commit assault or battery on any party or children, remove children from Arizona without prior consent or court order and remove the children from the insurance policies. The parties must maintain all insurance coverage in full force and effect.
When is the preliminary injunction effective (in place)?
The preliminary injunction is effective when served upon the Respondent. When a Petition is filed, the Petitioner is required to serve onto the Respondent the Petition along with other supplemental documents, including the preliminary injunction.
What happens if a party violates the preliminary injunction?
Violation of the preliminary injunction is a violation of a court order. Violating a court order is not advisable. If the other party violates the preliminary injunction you have various options that can pursue through the court. You should consult an attorney to determine what you can or cannot do while the preliminary injunction in place.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Preliminary Injunctions In Family Law Matters, or other family law issues, please feel free to contact our Family Law Section at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.