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Preliminary Injunction Order

September 20, 2022 Cindy Best

The Preliminary Injunction is a standard Arizona family law order that issues automatically when a dissolution or legal separation petition is filed. It goes into effect on the petitioner immediately upon filing and on the respondent upon service. Both parties are bound by it from those respective moments.

The Preliminary Injunction prohibits both parties from transferring, encumbering, concealing, selling, or otherwise disposing of community property without the written consent of the other party or a court order. It prohibits changing or canceling insurance policies including health, auto, life, and homeowner's insurance. It prohibits harassment of the other party. It prohibits taking the children out of Arizona without the written consent of the other party or a court order.

Violations of the Preliminary Injunction are contempt of court with real consequences. They also damage credibility with the court in ways that affect the entire case. Every client should receive and understand the Preliminary Injunction at the beginning of representation. Document that you advised them of it.

The Preliminary Injunction remains in effect until the decree is entered, the case is dismissed, or the court modifies it. It is not a temporary restraining order and it is not an Order of Protection. It applies to both parties equally and addresses financial and parenting conduct during the pendency of the case.

 

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Scottsdale, Arizona 85253