The Automatic Prelminary Injunction

In an Arizona divorce, several matters are handled prior to the hearing on the divorce petition by a preliminary injunction and temporary orders. A preliminary injunction is issued by the superior court clerk against both parties in every action for dissolution of marriage or for legal separation upon filing the petition. It enjoins (prohibits) each party from domestic violence or harrassment against the other party or the children, disposing of any property (except in the usual course of business or for necessities of life), or taking the children from Arizona. The latter two actions can be taken with prior written consent of the parties or the permission of the court. The injunction against disposing of assets helps insure that a fair property division can be made.

The preliminary injunction is issued automatically, whether requested or not.

The petitioner is deemed to have actual notice of the preliminary injunction by filing the action, so it is effective against the petitioner once the petition is filed. It isn't effective against the respondent until the respondent is served with a copy of the order. The order is usually served upon the respondent with a copy of the summons and petition. When service is by registered mail, the injunction is effective when received by the respondent.

The injunction remains in effect until the court changes or revokes it, or until a final decree is entered or until the action is dismissed. The provisions of the injunction do not prejudice the rights of any child or of the parties at a later hearing.

The automatic preliminary injunction has the force and effect of an order signed by the judge. So it is enforceable by all available remedies, including contempt. If either party disobeys any provision of the official order, he or she may be arrested and prosecuted for the crime of interfering with judicial proceedings. Either party may file a certified copy of the preliminary injunction with the local law enforcement agency.

If you are facing a divorce, child custody, or child support action in the Phoenix area, you need an experienced and aggressive Phoenix divorce lawyer on your side. So contact us right away for a free consultation.