Temporary Injunctions

A divorce, especially contested divorces, can be extremely stressful for every party involved. Both spouses are most likely experiencing the emotional toil of separating their lives from someone the once loved. This process can put stress on a person that they may have never experienced before and cause them to act out in surprising ways. Because of the potential for unlikely behavior in these circumstances, many state court systems have the right to order temporary injunctions to prevent or protect certain actions of both parties.

These temporary actions are ordered to protect the court’s ability to make an informed and just decision, especially in the case of a contested divorce. There are numerous different actions that the courts can request, including ones that protect personal property against damage by one party. The court can demand a mandatory inventory of all personal and shared property so that it can be equitably distributed.

These actions can also require one party to continue behavior, like payment of fees, bills and support of the other party. The court can also impose the separation of the two parties during court proceedings if the court feels like there is a threat of violence. Included in this may be the right of just one spouse to occupy a family residence. The courts will work to ensure that both parties can continue their necessary and normal daily functions. They can do this by enforcing temporary restraining orders or similar actions. These injunction serve to protect the ability of the court to make a fair decision in the case.

It is important to understand the legal ramifications of a divorce filing.