Some people have no idea what an injunction is until they are served one. However, injunctions are quite common, especially in the case of a divorce. No matter how little knowledge you might have about the matter, it is a legal matter that must be taken seriously. If you've been served with an injunction, learn about what might be going on.
Understanding an Injunction
In short, an injunction is like a warning, except for the fact that it is a warning backed by the law. A party in a divorce receives an injunction when he or she is thought be engaging in a practice that either is or has the potential to do a great deal of damage to both parties involved in the divorce process, or the children impacted by the situation.
The reason it's so important to adhere to the guidelines of an injunction is that a failure to comply with the terms does open the door to real legal consequences, ranging from fines and imprisonment to the loss of a divorce settlement.
Common Injunctions
As previously stated, injunctions are passed down for a variety of reasons, but there are some common scenarios that often take place during divorces
Financial Concerns
If one spouse has the upper hand in the relationship and is taking intentional steps to limit the other spouse's access to the family funds, an injunction might be served. In this instance, the injunction would likely notify the other party of their inability to cut off access to the money.
Child Care
A party in a divorce might receive an injunction if they are making disparaging comments about the other parent to the children they share. The courts do not appreciate spouse-bashing and will act immediately. In addition to an injunction, this behavior can also jeopardize child custody matters.
Domestic Incidents
Divorces are passionate and often intense, so it's not unheard of for arguments between spouses to be a common practice. If the disagreements escalate to the point where there is a concern for safety, the aggressor in the matter might be served with an injunction and ordered to remain a certain distance from the other party and to cease all contact.
If you've been served with an injunction, speak with a divorce attorney as soon as possible. An attorney will review the specifics of the injunction and your divorce, assess your personal situation, and help you plan the best path forward. Don't hesitate, act right away. For more information, contact an attorney like those at Law Offices Of Helen Allen.
Share22 December 2018
Are you going through a divorce? Do you have kids? If so, do you know how to handle the many struggles you will face when it comes to your kids? Even if you and your spouse can get through the divorce while agreeing on the custody arrangements, there will be struggles that you may not have planned for. For example, who will handle the educational, medical or other decisions about the kids? Is it something that you will decide together, or will one parent make the decision and the other one agree? My site contains several tips that can help you plan for the struggles you will go through in the future and make the situation a little easier for your entire family.