Preliminary Injunction From Court Against Both Petitioner And Respondent Form. This is a Arizona form and can be use in Pima Local County.
Tags: Preliminary Injunction From Court Against Both Petitioner And Respondent, Arizona Local County, Pima
Name: ___________________________________ Address: _________________________________ City, State, ZIP: ____________________________ Daytime Telephone No: ______________________ Representing Self, Without a Lawyer ARIZONA SUPERIOR COURT, PIMA COUNTY ______________________________________ Case No. _________________ Petitioner/Plaintiff and PRELIMINARY INJUNCTION FROM THE COURT AGAINST BOTH PETITIONER AND RESPONDENT ______________________________________ Respondent/Defendant WARNING TO PETITIONER AND RESPONDENT: THIS IS AN OFFICIAL ORDER FROM THE COURT. IT AFFECTS YOUR RIGHTS. READ THIS ORDER IMMEDIATELY AND CAREFULLY. IF YOU DO NOT UNDERSTAND IT, CONTACT AN ATTORNEY FOR LEGAL ADVICE. A Petition for Dissolution (Divorce) has been filed with the court by your spouse. As a result, this Order is made at the direction of the Presiding Judge of the Superior Court of Arizona, Pima County, under the authority of Arizona Law, A.R.S. § 25-315 (A). This Order has the same force and effect as an Order personally signed by the Judge. You and your spouse are required to follow this Order. It may be enforced by any remedy available under the law, including an order of CONTEMPT OF COURT. 1. ACTIONS BY YOU OR YOUR SPOUSE WHICH ARE FORBIDDEN BY THIS ORDER: From the time this Petition for Dissolution (Divorce) is filed with the court, until a Decree of Divorce is entered, or until further Order of the court, both the PETITIONER AND THE RESPONDENT shall not, by Order of this court, take any of the following forbidden actions: NOTE: THE LAW REQUIRES THAT THE EXACT LANGUAGE OF A.R.S. § 25-315(A) BE INCLUDED IN THIS ORDER. FURTHER EXPLANATION OF THE REQUIREMENTS OF THIS ORDER ARE INCLUDED HERE BEFORE THE ACTUAL STATUTE (LAW). READ THE EXPLANATION, WHICH IS FOLLOWED BY THE STATUTE ITSELF. IF YOU HAVE FURTHER QUESTIONS YOU SHOULD CONTACT AN ATTORNEY FOR LEGAL ADVICE. a. RESTRICTIONS ON YOUR JOINT PROPERTY: This Order recognizes that since you and your spouse both may have an interest in property acquired or paid for during the marriage, you may not hide earnings or property from your spouse; you may not take out a loan on any of this property; you may not sell it or give it away to someone else, UNLESS you have the written permission of your spouse or permission in writing from the court. The law does recognize that there may be situations where joint or community property may need to be transferred as part of the everyday running of a business, or that occasionally the sale of community property is necessary to meet necessities of life, such as food, shelter, or clothing or court fees and reasonable attorney fees associated with this action. 1 dwcpetition-preliminary injuction.form Revised 07.23.09 American LegalNet, Inc. www.FormsWorkFlow.com b. RESTRICTIONS ON YOUR BEHAVIOR: The Order is designed to protect you, your spouse, and your children from actions by your spouse which may be disruptive, or physically or emotionally harmful. While Divorce can be a difficult process, it does not give either spouse the right to either harass or bother the other spouse or the children. The court does not tolerate physical abuse or threats in any form. c. RESTRICTIONS ABOUT YOUR CHILDREN: This Order specifically states that you cannot take your common children out of the state of Arizona for any reason, without a written agreement between you and your spouse or a court Order, before the children are taken from the state. This Order is designed to allow both parents continuing access to and contact with the children. d. RESTRICTIONS ABOUT INSURANCE: Do not remove or cause to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. Both parties shall maintain all insurance coverage in full force and effect. Arizona Law, A.R.S. § 25-315(A) specifically provides as follows: 1. The preliminary injunction shall be directed to each party of the action and contain the following orders: a. That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life, or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court. b. That both parties are enjoined from molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties. c. That both parties are enjoined from removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the court without the prior written consent of the parties or the permission of the court. d. That both parties are enjoined from removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance. That both parties shall maintain all insurance coverage in full force and effect. 2. EFFECTIVE DATE OF THIS ORDER: This Order is effective against the person who filed for divorce (the Petitioner) when the Petition was filed with the court. It is effective against the other party (the Respondent) when it is served according to law. If service is made upon the Respondent by registered mail according to the Arizona Rules of Civil Procedure, the Order is effective upon receipt of the Order by the Respondent. This Order shall remain in effect until further order of the court, or the entry of a Decree of Dissolution, Legal Separation, or Annulment is filed or the action is dismissed. 3. ADDITIONAL ORDER TO PETITIONER: You must serve a copy of this Order upon the Respondent with the copy of the Petition for Dissolution or Legal Separation and the Summons and other required court papers. WARNING THIS IS AN OFFICIAL COURT ORDER. IF YOU DISOBEY THIS ORDER, THE COURT MAY FIND YOU IN CONTEMPT OF COURT. YOU MAY ALSO BE ARRESTED AND PROSECUTED FOR THE CRIME OF INTERFERING WITH JUDICIAL PROCEEDINGS AND ANY OTHER CRIME YOU MAY HAVE COMMITTED IN DISOBEYING THIS ORDER. YOU OR YOUR SPOUSE MAY FILE A CERTIFIED COPY OF THIS ORDER WITH YOUR LOCAL LAW ENFORCEMENT AGENCY. A CERTIFIED COPY MAY BE OBTAINED FROM THE CLERK OF THE COURT WHICH ISSUED THIS ORDER. IF YOU ARE THE PERSON THAT BROUGHT THIS ACTION, YOU MUST ALSO 2 dwcpetition-preliminary injuction.form Revised 07.23.09 American LegalNet, Inc. www.FormsWorkFlow.com FILE EVIDENCE WITH THE LAW ENFORCEMENT AGENCY THAT THIS ORDER WAS SERVED ON YOUR SPOUSE. THIS COURT ORDER IS EFFECTIVE UNTIL A FINAL DECREE OF DISSOLUTION OR OF LEGAL SEPARATION IS FILED OR THE ACTION IS DISMISSED. GIVEN UNDER MY HAND AND THE SEAL OF THE COURT this ____ day of _______________ 20 _____. Clerk of the Superior Court By: _______________________________________ Deputy Clerk 3 dwcpetition-preliminary injuction.form Revised 07.23.09 American LegalNet, Inc. www.FormsWorkFlow.com