What Is an Injunction
An injunction is a court order that prohibits or requires a specific action. In divorce cases, injunctions prevent one spouse from taking harmful actions like hiding assets, removing children from the state, transferring property, or contacting the other party. Unlike a judgment that resolves a case, an injunction is a tool to control behavior during or after divorce proceedings.
Types of Injunctions in Divorce
- Automatic/Mutual Injunctions: Most states file these automatically when divorce papers are served. They typically bar both parties from transferring assets, taking children out of state, canceling insurance, or disposing of property without written consent or court approval. These last until the divorce is finalized or the court lifts them.
- Preliminary Injunctions: Issued early in a case when one spouse needs immediate protection. These require showing irreparable harm and likelihood of success. For example, a court might issue one to prevent a spouse from liquidating a retirement account before property division occurs.
- Domestic Violence Injunctions: Address physical safety concerns and control contact, location proximity, and weapon access. These often last up to 5 years and can be renewed.
- Injunctions Related to Custody: May restrict where a parent can take a child or require compliance with parenting plans.
How to Obtain an Injunction
To get an injunction, you file a motion with the court explaining what harm will occur without it and requesting specific relief. For preliminary injunctions during an active divorce, you typically need to demonstrate that the other party will cause immediate, irreparable injury. Many courts require a hearing where both sides present evidence. Processing times vary by state: some courts rule within days for emergency domestic violence injunctions, while others take 2-4 weeks for standard preliminary injunctions.
Enforcement and Violations
Violations of an injunction are taken seriously. If a spouse transfers $50,000 to a hidden account despite an automatic injunction, the court can hold them in contempt, which may result in fines, attorney fee awards, or jail time. Courts can also reverse improper transfers and award damages to the non-violating spouse. Documentation of violations is critical: keep records of dates, amounts, and communications showing the breach.
Common Questions
- Can an injunction be modified or removed? Yes. Either party can file a motion to modify or dissolve an injunction if circumstances change significantly. For example, if the reason for restricting asset transfers no longer applies, the court may lift that restriction while keeping others in place.
- What's the difference between an injunction and a restraining order? Restraining orders typically address immediate threats or domestic violence and often last 15 days before a hearing. Injunctions are broader court orders in the divorce case itself and last longer. Some states use these terms interchangeably.
- Can injunctions address custody without a full custody order? Yes. The court can issue temporary injunctions controlling where children reside or restricting one parent's access while custody is being determined. These often appear in Temporary Orders.