ClickCease

Injunction

September 20, 2022 Cindy Best

An injunction is a court order requiring a person to do something or stop doing something. In Arizona divorce cases the most common injunction is the Preliminary Injunction that issues automatically when a dissolution petition is filed. It restricts both parties from disposing of community assets, canceling insurance policies, harassing the other party, and taking the children out of Arizona without consent. Don’t cancel insurance during the divorce litigation.

Beyond the Preliminary Injunction, injunctive relief can be sought to address specific conduct that threatens the parties or the children during the divorce. Courts can enjoin a party from accessing financial accounts, contacting certain people, approaching a residence, or taking other specific actions when the facts support it.

An Injunction Against Harassment is a separate type of civil protective order available when a person has been subjected to a series of acts that would cause a reasonable person serious alarm or distress. It is different from an Order of Protection and requires a higher showing under Arizona law. At least two separate acts of harassment are required to obtain an Injunction Against Harassment.

Violating an injunction is contempt of court with real consequences. If the other party is violating the Preliminary Injunction or any other injunctive order, document it and address it with your attorney. Do not assume violations will resolve themselves.

 

Schedule Your Consultation

We can conduct your consultation by phone, zoom or in person. Call us today at (480) 219-2433 or fill out the form below.

Contact Information

7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253