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  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Question Preliminary Injunctions in a Divorce Case

    My question involves a marriage in the state of:Arizona (ARS 25-315)

    The Preliminary Injunction reads:
    *THIS IS AN ORDER OF THE COURT
    *THIS ORDER APPLIES TO BOTH PARTIES
    *FAILURE TO OBEY THESE ORDERS IS A VIOLATION OF LAW
    Restrictions on moving children:
    If there are children under the age of 18 born to or adopted by the parties, you may not take them out of the state of Arizona without the written permission of the other party or the permission of the Court.
    Restrictions on marital property: You may not sell, hide, give away or otherwise dispose of, any joint, common, or community property, including earnings, or take a loan out on such property other than earnings, without the written permission of the other party or the permission of this Court, unless related to the usual course of business, necessities of life, court fees or reasonable attorney fees related to this action.
    Restrictions on insurance: You shall not remove, or cause to be removed, the other party or any of your minor children from any existing insurance, and you must keep all existing insurance current and in effect. This includes medical, dental, hospitalization, automobile and disability insurance.
    Restrictions on behavior: You shall not harm, harass, molest, assault, batter, threaten, physically abuse or otherwise disturb the peace of the other party and any children of the parties.
    This order is effective against the Petitioner, person who filed this action, when filed with the Court.
    This order is effective against the Respondent, the non-filing or "other" party, when served on that party or when that party has actual notice of the Order, whichever is sooner.
    Warning
    This is an official court order. If you disobey this order the court may find you in contempt of court. You may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.
    You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.
    This court order is effective until a final decree of dissolution, legal separation or annulment is filed or the action is dismissed.



    My question: My wife (Petitioner), who lives out of state, came to visit with the kids and I for several days last week. During this time, she was able to go through the house and remove property without my knowledge or consent. With the above restrictions on marital/common property and the fact that these item were in my residence, does this constitute a violation of the preliminary injunction? Yes, I willingly allowed her into the house although I never gave her permission to take anything out of the house. Any help would be appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Preliminary Injunction Question for Divorce in Az

    Quote Quoting jamichelli
    View Post
    My question involves a marriage in the state of:Arizona (ARS 25-315)

    The Preliminary Injunction reads:
    *THIS IS AN ORDER OF THE COURT
    *THIS ORDER APPLIES TO BOTH PARTIES
    *FAILURE TO OBEY THESE ORDERS IS A VIOLATION OF LAW
    Restrictions on moving children:
    If there are children under the age of 18 born to or adopted by the parties, you may not take them out of the state of Arizona without the written permission of the other party or the permission of the Court.
    Restrictions on marital property: You may not sell, hide, give away or otherwise dispose of, any joint, common, or community property, including earnings, or take a loan out on such property other than earnings, without the written permission of the other party or the permission of this Court, unless related to the usual course of business, necessities of life, court fees or reasonable attorney fees related to this action.
    Restrictions on insurance: You shall not remove, or cause to be removed, the other party or any of your minor children from any existing insurance, and you must keep all existing insurance current and in effect. This includes medical, dental, hospitalization, automobile and disability insurance.
    Restrictions on behavior: You shall not harm, harass, molest, assault, batter, threaten, physically abuse or otherwise disturb the peace of the other party and any children of the parties.
    This order is effective against the Petitioner, person who filed this action, when filed with the Court.
    This order is effective against the Respondent, the non-filing or "other" party, when served on that party or when that party has actual notice of the Order, whichever is sooner.
    Warning
    This is an official court order. If you disobey this order the court may find you in contempt of court. You may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.
    You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.
    This court order is effective until a final decree of dissolution, legal separation or annulment is filed or the action is dismissed.



    My question: My wife (Petitioner), who lives out of state, came to visit with the kids and I for several days last week. During this time, she was able to go through the house and remove property without my knowledge or consent. With the above restrictions on marital/common property and the fact that these item were in my residence, does this constitute a violation of the preliminary injunction? Yes, I willingly allowed her into the house although I never gave her permission to take anything out of the house. Any help would be appreciated.
    Did she sell, give away or otherwise dispose of the property in a prohibited manner? If not, then no, she did not violate the injunction. The injunction doesn't give you the right to hold all the marital property until the divorce is final. She has an equal right to "hold" the property.

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