Automatic Temporary Injunction: Common Questions
An automatic temporary injunction is a court order that protects both parties during a legal separation or divorce case. It requires the spouses to maintain specific behaviors and prohibits certain behaviors, such as depleting assets or taking children out of the state.
The purpose of an automatic temporary injunction is to keep both sides in their current financial and personal positions until the court has had an opportunity to make more permanent orders. This ensures that neither side benefits nor suffers disadvantages while they await the court's decision. It also prevents spouses from interfering with each other’s rights before any agreements are finalized.
What is prohibited with this injunction in place?
Automatic temporary injunctions vary depending on local laws, but they generally prohibit activities such as the following:
- Transferring, encumbering, concealing, selling, or disposing of marital property without permission
- Hiding or transferring funds in an effort to avoid debt repayment
- Harassing or threatening one spouse
- Interfering with the visitation rights of children
What happens if I violate the injunction?
One spouse may face civil penalties if they violate the automatic temporary injunction. Depending on the jurisdiction and type of violation, this could include a monetary fine or even jail time. In addition, violations of an automatic temporary injunction can be used as evidence in a divorce trial to prove fault against the violating party. It is therefore important for both parties to abide by any court orders to keep their legal rights protected.
It's also crucial to note that you don't have to intend to violate the injunction. Let's say the court issued an automatic temporary injunction in your divorce that prohibited you and your spouse from taking your children out of the county without prior court approval. Shortly after the injunction was issued, during your scheduled time with your kids, you took them to the neighboring county for a family gathering. Even though you may not have had any intent to violate the injunction, you did effectively violate it, which could result in your being held in contempt.
Can my spouse and I have the injunction canceled?
Yes. If both spouses agree in writing, a court will remove an injunction. The court may require a hearing to understand why the spouses want the injunction lifted and to make sure both are in agreement and not being forced to sign.
Courts will let spouses request amendments to automatic temporary injunctions as well. For example, if the court issues an injunction that prohibits the sale of the marital home, you could agree with your spouse to request the court modify the injunction to allow you to list the home for sale so you can begin that process. Should a solid offer arise, then you could again request the court cancel the injunction, allowing the sale to proceed.
How long does an automatic temporary injunction last?
An automatic temporary injunction typically lasts for the duration of a divorce case, from the filing of divorce papers to the final judgment. In some cases, an injunction may be extended or modified if the court determines there is good cause. Automatic temporary injunctions may also be lifted earlier if the parties agree to remove it or if the condition giving rise to the injunction is no longer an issue.
Do all states issue automatic temporary injunctions?
Not every state issues automatic temporary injunctions. Some states only grant injunctions upon the request of one party. Others have a set of automatic injunctions that immediately take effect upon filing a petition for dissolution of marriage.
Thinking of getting divorced? It's important to check your local laws to see if your state or county issues automatic temporary injunctions and what they prohibit you from doing. At Hello Divorce, we guide clients through the divorce process with as much or as little support as they need. View our customizable online divorce plans here.
