Injunctions are a powerful tool in family law. They protect the rights and interests of Parties involved in litigation. An Injunction is a Court Order that directs a Party to refrain from certain behavior that can harm in a case. The purpose of an Injunction in family law is to maintain the status quo during the case and prevent harm. Injunctions safeguard the rights, property, and well-being of individuals involved in divorce, child custody, or domestic violence actions.
Injunctions are meant to maintain the Status Quo. An Injunction is designed to preserve the current situation the Parties find themselves. The aim is to continue to keep the Parties operating as if litigation has not started.
Injunctions can also prevent harm. A Party could also become disruptive once a case has started. One of the purposes of an injunction is to prevent threatening behaviors, harassment, domestic violence, or the depletion of assets.
Types of Injunctions
There are four types of injunctions:
- Temporary Restraining Orders (or TROs)
- Standing Orders
- Temporary Injunctions
- Permanent Injunctions
Each type of injunction serves a different purpose. The differences are outlined below:
- Temporary Restraining Orders (TROs)
- Temporary, time-limited injunction that provides immediate relief until a hearing can be held.
- Only valid for 14 days and can be extended another 14 days.
- Can be Joint and Mutual, meaning it applies to both Parties.
- Standing Orders
- A set of injunctions that applies to all family law cases in specific counties.
- Automatic relief from the Judge.
- Takes effect when a case is filed and lasts until a case concludes.
- Joint and Mutual, meaning it applies to both Parties.
- Temporary Injunctions
- Issued after a Court hearing where both Parties are present.
- Lasts during the duration of the case until the case concludes.
- Permanent Injunctions
- Issued after a Court hearing where both Parties are present.
- Remains in effect after the case concludes.
Temporary Restraining Orders (TROs)
A Temporary Restraining Order, also known as a TRO, is a “quick fix” injunction. A TRO is only valid for 14 days and it can be extended for a total of 28 days of coverage. A TRO must be requested by a Party for it to take effect. TROs are typically joint and mutual, which means the injunctions apply to both parties. A TRO is meant to act like a band-aid and hold parties over until a Temporary Orders Hearing can be held. The standard injunctions in a TRO refrain Parties from behaving in a way that damages property or harms a Party.
Standing Orders
A Standing Order is a court-issued set of rules and expectations that apply to all Parties of a family law case in specific counties. Standing Orders serve as guidelines that govern the behavior and conduct of the individuals involved in a case. Standing Orders are typically in effect the moment that a family law case is filed. The Standing Orders last until the conclusion of the case.
Temporary Injunctions
A Temporary Injunction is an injunction that lasts during the pendency of the case. You can think of a Temporary Injunction as confirming a Temporary Restraining Order (TRO) into a lasting injunction during the pendency of the case.
A Temporary Injunction requires a hearing with both Parties present. A Party is able to request additional injunctions, outside of the standard Joint and Mutual injunctions, if they can prove that it is in the Best Interest of the Child or that it is necessary to preserve the Parties’ estate.
For example, if one Parent has multiple DWIs, the Court may order a Temporary Injunction prohibiting that Parent from driving the child. The Court could also order a Temporary Injunction that prohibits a Parent from drinking while in possession of the child.
In relation to property, the Court may issue an injunction that prohibits one Party from accessing or using a certain bank account or credit card.
It is important to remember that a Temporary Injunction only lasts during the pendency of the case. Once the case concludes, the injunction is removed unless it becomes permanent.
Permanent Injunctions
A Permanent Injunction is an injunction that refrains a Party from behaving a certain way after the case concludes. Unlike a Temporary Injunction, a Permanent Injunction can last beyond the family law case.
In order to obtain a Permanent Injunction, a hearing is required with both Parties present. The Court must find that the injunction is in the Best Interest of the Child or that significant harm could exist in the absence of the injunction.
One example of a Permanent Injunction is that a Party is prohibited from talking about the litigation with the child after the case concludes. Another is that a Party could be prohibited from using the child to relay communications to the Other Party. The Court could also issue an injunction preventing a Party from entering the home awarded to the Other Party.
Consequences of Violating Injunctions
Violating an injunction can carry severe penalties. There could be civil penalties like fines, fees, or an award of attorney’s fees. There could also be criminal charges like jail time for violations. If a Party violates a TRO, Standing Order, or Temporary Injunction during the pendency of the case, it may be damaging to their case. A Party may have a hard time pointing the finger at the Other Party if they are not following the rules. It is imperative that a Party understands the terms and provisions of the injunctions and strictly adheres to them to avoid legal repercussions.
How to Get an Injunction
To obtain an Injunction, you must first figure out which injunction is best to seek. If you believe you need an injunction in your family law case, it is essential to consult with an experienced attorney who can guide you through the process. If you have questions about injunctions, consult with one of our knowledgeable attorneys to ensure your rights are protected.
Example of a Temporary Restraining Order
JOINT AND MUTUAL TEMPORARY RESTRAINING ORDER
IT IS THEREFORE ORDERED that the clerk of this Court issue a joint and mutual temporary restraining order restraining Petitioner and Respondent, and Petitioner and Respondent are immediately restrained, from:
1. Intentionally communicating with the Other Party in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm the Other Party.
2. Threatening the Other Party in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm the Other Party.
3. Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm the Other Party.
4. Intentionally, knowingly, or recklessly causing bodily injury to the Other Party or to a child of either Party.
5. Threatening the Other Party or a child of either Party with imminent bodily injury.
6. Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with the intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each Party and the children of the marriage.
7. Intentionally falsifying any writing or record, including an electronic record, relating to the property of either Party.
8. Intentionally misrepresenting or refusing to disclose to the Other Party or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
9. Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
10. Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to the Other Party.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by this order.
12. Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by this order.
13. Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order.
14. Spending any money in either Party's possession or subject to either Party's control for any purpose, except as specifically authorized by this order.
15. Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either Party, except as specifically authorized by this order.
16. Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a third Party, except as specifically authorized in this order.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender of any life insurance policy on the life of either Party or the parties children, except as specifically authorized by this order.
18. Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others.
19. Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either Party or the parties' children.
20. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties' property or persons, including the parties' children.
21. Opening or diverting mail or e-mail or any other electronic communication addressed to the Other Party.
22. Signing or endorsing the Other Party's name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to the Other Party without the personal signature of the Other Party.
23. Taking any action to terminate or limit credit or charge cards in the name of the Other Party.
24. Discontinuing or reducing the withholding for federal income taxes from either Party's wages or salary.
25. Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement.
26. Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matters of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
27. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matters of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
28. Deleting any data or content from any social network profile used or created by either Party including the parties' children.
29. Using any password or personal identification number to gain access to the Other Party’s e-mail account, bank account, social media account, or any other electronic account.
30. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual services, including security, pest control, landscaping, or yard maintenance, at the marital residence or in any manner attempting to withdraw any deposits for service in connection with any of those services.
31. Excluding the Other Party from the use and enjoyment of the marital residence.
32. Excluding Respondent from entering, operating, or exercising control over the motor vehicle in the possession of Petitioner.
33. Excluding Petitioner from entering, operating, or exercising control over the motor vehicle in the possession of Respondent.
34. Disturbing the peace of the children or of another Party.
35. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled.
36. Hiding or secreting the children from the Other Party.
37. Making disparaging remarks regarding the Other Party or the Other Party's family in the presence or within the hearing of the children.
IT IS FURTHER ORDERED that each Party is authorized only as follows:
1. To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.
2. To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit.
3. To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.
4. To engage in acts reasonable and necessary to conduct each Party's usual business and occupation.
This joint and mutual restraining order is effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of law. This order shall be binding on Petitioner and Respondent; on Petitioner's and Respondent's agents, servants, and employees; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. The requirement of a bond is waived.