Enforcing Automatic Temporary Injunctions: Protecting Your Interests in Divorce
My name’s Palmer Johnson. I’m a family law attorney in Tulsa, Oklahoma, and today I’m going to talk about the automatic temporary injunction and what that is. In a divorce action, when you file the petition, there is something by statute called an automatic temporary injunction that is put into place by the court and it stays in place and becomes an order of the court unless the parties explicitly agree to waive it.
What it is designed to do is to prevent either party from dissipating, selling, doing anything substantial with the assets of the party or important things like health insurance, you know, making unilateral changes while the divorce proceeding is going on. This would also protect a spouse from, a spouse who decided they would destroy a bunch of the other party’s property.
Enforcing the Automatic Temporary Injunction
This gives you something that you can enforce. You can file a motion to compel. And at that point, depending on exactly what the circumstances are, the court has pretty wide discretion in the remedy that they can grant to relieve you, the injured party. They might, it might be money. It might be to, pay the money back that’s been, removed from a bank account.
It might be replacing or repairing a property that’s been destroyed or, um, broken, just any number of, remedies to help deter the other party from doing things that, are otherwise difficult for a court to potentially, address or even sometimes maybe difficult to prove. It kind of acts as an insurance policy for both parties to play by the rules. And, you know, it doesn’t come up often that you need to enforce them, but when you do, you’re sure glad that you have it.
Low-cost Consultation Available
For more information on automatic temporary injunctions or any other family law matters, feel free to contact a divorce attorney for women located in Tulsa for a low-cost consultation at 918-770-7117. Don’t hesitate to protect your rights and assets during divorce proceedings.