Temporary injunctions serve the purpose of protecting a party or a child and preservation of property during a divorce. When a temporary injunction is granted it is deemed that the party it was filed against is prohibited from the actions that have been detailed in the order. For such orders to be given both parties must attend a hearing held before a judge. That means that the other party must be given a notice for that hearing. So the respondent receiving a notice and being allowed to attend the hearing before a judge is the main difference between a temporary injunction and a temporary restraining order (TRO).
Hearing On Temporary Injuction
A hearing on the temporary injunction should be held within 14 days in the event that a TRO is granted and signed by the court. If a TRO has not been granted, the court can set up a hearing whenever it sees fit. The respondent should receive a notice within 3 days unless the court shortens the time frame or the other party waives it.
Evidence is required at the temporary injunction hearing even if the defendant does not appear at the hearing. You have the right to be heard but the trial court can still place some reasonable limits on your evidence presentation. However, if a defendant had violated a temporary restriction order, that fact will not determine whether the court enters the temporary injunction.
The defendant should appear at the hearing even if the defendant does not believe the court has jurisdiction over the case. If the temporary injunction is granted in your absence, you can discuss with your attorney about modifying the order or dissolving it altogether.
Temporary Injuction Orders
A temporary injunction order must state the reasons why the injunction was issued by defining injury and describing what is irreparable. The facts that are enjoined in the order must be clear, specific and unambiguous. This is for the purpose of making it easy for the defendant to know exactly what duties are imposed on the defendant. An injunction order may include:
Payments to be made to either spouse
Prohibiting parties from spending funds beyond a certain amount
Appointing a receiver to preserve property belonging to the parties
Require a party to produce books, documents, papers, and tangible things
Awarding one party exclusive control of a party’s business or occupation
Ordering payments of expenses and attorney fees
An experienced attorney can help review a TI and advise you on the appropriate actions to take.
Expiration Of Temporary Injunction
Temporary restriction orders (TROs) expire after 14 days but can be extended by the court or by agreement of the parties. However, temporary injunctions expire last the time duration specified in the order, or on the date the divorce is finalized. The order may also expire when the parties decide to dissolve it. Note that third parties such as business partners, banks and others can be bound by a temporary injunction. However, for it to be valid against third parties, it must comply with certain requirements.
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