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Preliminary Injunction From Court Against Both Petitioner And Respondent Form. This is a Arizona form and can be use in Pima Local County.
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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.
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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
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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
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dwcpetition-preliminary injuction.form
Revised 07.23.09
American LegalNet, Inc.
www.FormsWorkFlow.com