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Home Blog What’s Preliminary Injunction – How does it Work When Filing a Divorce?


As a form of restraining order, a preliminary injunction restricts the involved parties – that’s husband and wife – from taking certain actions based on the assets they share, whether or not the spouses have minor children. A preliminary injection starts taking effect on the spouses or petitioner who files a divorce, once the petition is filed. Immediately the respondent or other spouse is served with a petition, the injunction applies to them too. A majority of preliminary injunctions have similar wordings and cater to standard issues seen in divorce. If you fail to abide by the injunction, it may result in fines, penalties during property division, and maybe incarceration for the spouse who violates. It is crucial that if you are filing for divorce, you talk to a divorce attorney in Mesa to represent you and fight for your rights.

What Can a Preliminary Injection Prevent?

The preliminary injunction can bar several actions during a divorce. For example, it can stop:

  • Either spouse taking their shared kids out of state, however, they can still, in writing, agree to an exception or one spouse may seek permission to do so from the court
  • Applying and receiving new loans or credit facilities on marital assets
  • Failing to make payments on bills during the period of divorce
  • Transferring, selling, or otherwise concealing any community assets. Typically, community assets will be frozen during divorce, unless they are necessary to help pay for basic necessities.
  • Stalking, assaulting, or harassing the other spouse – you may face separate criminal charges if you violate this section of the preliminary injunction
  • Removing insurance coverage – this applies to both parents and their shared kids for policies on medical, dental, disability, life, automobile, and other applicable insurance coverage.

What are the Exceptions to Preliminary Injunction in Mesa?

Arizona family law recognizes the aspect that most families going through the divorce process struggle financially. A preliminary injunction forbids spouses against encumbering or selling community property assets during the period of divorce, however, there is an exception to the asset freeze. It is possible for either parent to encumber or sell a community asset or property to help pay for necessities of life including things like groceries and rent. They can also sell or encumber to pay for reasonable attorney’s fees.

What if You Violate the Preliminary Injunction, What are the Consequences?

Violating the preliminary injection, under Arizona law, is a misdemeanor crime of interfering with judicial proceedings. It’s a Class 1 misdemeanor and is punishable by a fine of $2,500 and up to 6 months in jail. Besides, violating the preliminary injunction may result in civil contempt proceedings. The spouse violating the order faces fines as well as additional fees to the attorney. It can also affect the stage of property division during the divorce.

Arizona Revised Statute Section 25-315(G) – What is It and How Does it Apply?

If you are unaware, the Arizona Revised Statute Section 25-315(G) is legislation that criminalizes the violation of a preliminary injunction. It allows for arrest as well as prosecution for interfering with judicial proceedings. You can find more information about the charges by reading the Arizona Revised Statute Section 13-2810.

So a spouse should file a copy and any amendments to the orders with their local police department. By filing the copy, it facilitates the arrest process of a spouse who violates the order during a divorce. Besides, this Section allows for punishment in both criminal and civil procedures.

Hire a Divorce Lawyer in Mesa

Whether you want assistance to draft additional terms you want to add to a preliminary injunction or you’ve been accused of violation of the injunction during your divorce case, you can count on our experienced divorce attorney in Mesa. To find out more about our representation in your divorce case or even help with a preliminary injunction, you can visit https://www.familylawattorneymesaaz.net/.

Jensen Family Law
3740 E Southern Ave Suite 210
Mesa AZ 85206
(480) 999-2321

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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.

We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.