By Selim Star.
Once a divorce is filed the Judge will enter a Joint Preliminary Injunction automatically to prevent the divorcing parties from engaging in certain conduct. Many times I am asked "We are considering a divorce and my spouse is talking about leaving the state with our child, how do I stop her/him?" or "How do I prevent my spouse from entering my residence?" or "How do I prevent my spouse from getting new debts that I'll be liable for." The Joint Preliminary Injunction may help with these problems.
MAY PREVENT CHILD FROM LEAVING STATE. There are many times when a divorcing couple might have a dispute about whether a parent can move with a child out of Idaho. The Joint Preliminary Injunction prevents either parent from leaving the state for longer than a certain time. In general if you have a planned trip to leave the state, like to visit family, you can get permission in writing or ask the court for an order. Upon motion the judge may allow a parent to move out of state before trial.
MAY PREVENT NEW DEBTS. Only in certain circumstances can a spouse add debt.
MAY PREVENT UNFETTERED ACCESS TO RESIDENCE. Once the parties have separate residences the parties need to respect each other's privacy as is stated.
GENERALLY BEGINS TO BE IN EFFECT WHEN DEFENDANT IS SERVED. This may differ from Judge to Judge and county to county.
Below is the text of the Joint Preliminary Injunction that has been used in Blaine County. Other counties have different language and enjoin the divorcing parties from different activities.
JOINT PRELIMINARY INJUNCTION
NOTICE! READ THIS DOCUMENT CAREFULLY- YOU MAY BE HELD IN CONTEMPT OF COURT OR HAVE OTHER SANCTIONS IMPOSED AGAINST YOU FOR VIOLATION OF THIS ORDER.
IT IS HEREBY ORDERED that during the period of time that the above-entitled action is pending, absent the subsequent order of the Court, the Plaintiff and Defendant are enjoined and prohibited from:
1. Transferring, encumbering, concealing, selling or otherwise disposing of any joint. common or community property without the. written consent of the opposing party.
2. Incurring any debt, except in the usual course of business or for the costs and expenses of this litigation or for the necessities of life, without the written consent of the opposing party.
3. Removing any child to which the opposing party may have a legal claim for custody or control from the jurisdiction of the court for any period exceeding 72 hours.
4. Cashing, borrowing against, canceling, transferring, disposing of or changing the beneficiaries of any insurance or indemnity policy, including without limitation life, health. automobile or disability insurance, held for the benefit of either party or any child.
5. Possessing or attempting to possess any real or personal property currently in the possession of the opposing party.
6. Terminating or otherwise affecting the service of water, power, gas, telephone cable or other utilities or services at the community or customary residence of the opposing party.
7. Excluding the other party from or preventing access to: a) the usual residence of the opposing party, b) places where community property or property of the other is stored or c) business or tax records of the parties. If the parties maintain separate residences, neither shall attempt to enter or gain access to the residence of the other without the written permission of the opposing party.
5. Taking any action that may diminish the community or separate property interest of the opposing: party in any business or that may limit access of inc opposing party to the care, custody and control of any property, accounts or records of that business.
IT IS FURTHER ORDERED that a copy of this order shall be personally provided to the Plaintiff and/or delivered to counsel for the Plaintiff to provide to the Plaintiff and personally served by the Plaintiff upon the Defendant at the time of service of the Summons and Complaint and that this order shall be made a part of the court record in this matter.
EACH VIOLATION OF THIS ORDER MAY RESULT IN INDIVIDUAL SANCTIONS INCLUDING, BUT NOT LIMITED TO, A FINE OF UP TO $5000, A MAXIMUM OF FIVE DAYS IN JAIL AND AN AWARD OF ATTORNEY FEES.
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