An automatic temporary injunction in Oklahoma is used at the beginning of a divorce proceeding. As soon as a petition for dissolution of marriage is filed, the court stops the parties from certain actions to preserve the status quo until more permanent orders can be put in place.
This prevents an angry spouse from taking revenge on their mate by draining a bank account or selling off their prized boat. Also, it ensures that any children involved are cared for while the proceedings begin. It is a mechanism that stabilizes things at a time of great upheaval.
Understanding A Muskogee Automatic Temporary Injunction
The automatic temporary injunction form accompanies the petition and summons when they are served on the responding spouse. Since injunctions affect rights, it is important that both spouses read it and understand what it does and what it does not do. A Muskogee attorney is a great resource here.
An injunction either prohibits a person from engaging in an action or set of actions, or it ensures that a party engages in an action or set of actions.
In a Muskogee divorce, an automatic temporary injunction prevents a number of things:
- disrupting the peace of the other party or the peace of the children;
- withdrawing the children from school;
- taking out of the court’s jurisdiction for more than a vacation without the other parent’s permission;
- selling, encumbering, or disposing of any marital property except for necessary expenditures;
- intentionally damaging or destroying property that belongs to either spouse;
- cashing out or withdrawing from any retirement plan or insurance plan;
- changing beneficiaries on any plan;
- making changes to or canceling any insurance plan of any sort;
- opening or diverting mail belonging to the other spouse; and
- signing the spouse’s name to any negotiable instrument.
Violation Of The Automatic Temporary Injunction
Even though these are “form” orders, courts take them seriously. Judges are equipped to handle situations in which a spouse violates the automatic temporary injunction. When a spouse violates the injunction, the other spouse may bring a motion to compel the spouse to obey the order.
If the motion is granted, the other spouse must pay the other party’s attorneys’ fees and costs involved in bringing the motion. This is in addition to the orders that the court may make on the substance of the motion.
Courts have a great deal of discretion in crafting remedies for violations. Money withdrawn will be ordered to be repaid either to the marital estate or to the spouse. Property damaged by one spouse will have to be repaired or replaced by the other spouse. There is a remedy for every possible violation.
It Is Possible To Waive The Injunction
At the bottom of the form are signature blocks for both parties. The automatic temporary injunction can be waived if both parties agree. However, because spouses during a divorce are unpredictable, it is advisable to consult with an experienced Muskogee divorce attorney before waiving the injunction.
Objections, Modifications, And Expansions
A party may file an objection to the automatic temporary injunction within three days of being served with the petition, summons, and automatic temporary injunction. Either party may file a motion before the court to add to the injunction or make any other modification to it. The injunction will remain in place until the hearing on any motion brought.
Low-cost Consultation: Muskogee Divorce Attorney
Are you facing a divorce in Muskogee and feel that you need help? Get the help you need and avoid making regrettable errors during a time when you are possibly going through intense emotions. Talk to a Muskogee divorce attorney today.
Our knowledgeable divorce attorneys pride themselves on providing you the best possible legal representation at reasonable rates.
Call 918-884-7774 today for an initial consultation with a Muskogee divorce attorney.