Preliminary Injunction in Arizona Divorce and Paternity Cases
Preliminary Injunction in Paternity and Divorce Cases
In every divorce or paternity case, the Court automatically issues an order called a “Preliminary Injunction” when the initial petition is filed. Some people served with this document wonder how the other party was able to get a Preliminary Injunction again them. This is because such order is automatically issued in all divorce and paternity cases. The Preliminary Injunction applies to both parties and is effective against the person that filed the petition immediately upon filing, and is effective on the other party once he or she is served with the documents (or accepts service of such documents).
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In both divorce and paternity cases, the Preliminary Injunction precludes both parties from harassing one another, and orders that neither party will take their common children out of state (or out of the country) during the pendency of the proceedings without the other party’s written permission or a Court order allowing such travel with the children. Thus, if you have plans with the children out of state and the other party will not verify in writing their permission for such travel, you will need to file a petition to travel with the children as soon as possible so that the Court will have adequate time to rule on your motion.
In divorce cases, the Preliminary Injunction also precludes parties from spending community funds except for necessities (i.e. reasonable living expenses), for expenditures in the ordinary course of business (i.e. if you have a business), as well as for their attorney fees and costs. The Preliminary Injunction issued in divorce cases also precludes each party from hiding assets from the other party, from diverting funds to others, and from removing the other party from most insurance policies.
For a copy of the Preliminary Injunction issued by the Court, click here.
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You should be aware that a Preliminary Injunction is not the same as an Order of Protection. If you are a victim of domestic violence, you will want to strongly consider obtaining an Order of Protection against the other party. We have addressed these types of orders in our website – click here. Orders of Protection have much stronger remedies and consequences for violations versus a Preliminary Injunction.
A Preliminary Injunction is for the most part the same as a restraining order. However, there are situations where a more specific restraining order is necessary such as where a party requests that a third party (such as a bank) be required to freeze accounts etc.
The Preliminary Injunction terminates upon a final decree of dissolution (divorce) or paternity order.
William D. Bishop is the founder of Bishop, Del Vecchio & Beeks Law Office, P.C., with over 30 years of legal experience. He is a Certified Family Law Specialist by the State Bar of Arizona and a Fellow of the American Academy of Matrimonial Lawyers. Recognized among Arizona’s top 50 attorneys by Southwest Super Lawyers, Mr. Bishop has consistently been listed in Best Lawyers in America for Family Law since 2018. He holds an AV Preeminent Peer Review Rating from Martindale-Hubbell and actively contributes to the legal community through leadership roles and educational initiatives.
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3 months ago To Whom It May Concern:
I recently retained Bill’s services as my divorce attorney. I am pleased to recommend Bill and his staff. He is professional, caring, trustworthy, and has extensive knowledge of the law. Bill is always prepared, always informative, and has the ability to make you feel as if you are his only client. In my opinion, these things, along with his impeccable attention to detail are what make him one of the best attorneys in the Phoenix area. It was a privilege to work with Bill and his staff, and I highly recommend their services.
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3 months ago I have used Bill Bishop as my attorney for the past couple of years, including a difficult and complex divorce. Bill has always been thorough, timely, insightful, wonderful to work with, and very effective. I have always been especially impressed with how Bill listens and gives credence to my views, while interjecting his own expertise when appropriate. I would highly recommend Bill’s services to anyone.
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