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Notice Of Statutory Injunction (Domestic) Pursuant To TCA Section 36-4-106(d) Form. This is a Tennessee form and can be use in Davidson Local County.
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Tags: Notice Of Statutory Injunction (Domestic) Pursuant To TCA Section 36-4-106(d), Tennessee Local County, Davidson
IN THE CIRCUIT COURT OF DAVIDSON COUNTY, TENNESSEE
NOTICE OF STATUTORY INJUNCTION PURSUANT TO TCA §36-4-106(d)
You are hereby notified that upon personal service, or waiver or acceptance of service by the respondent,
both parties are bound to abide by the provisions of the law as set forth verbatim below. Violation of this statute
may result in a finding of contempt of court.
TCA §36-4-106(d)
(d)
Upon filing of a petition for divorce or legal separation except on the sole ground of irreconcilable
differences and upon personal service of the complaint and summons on the respondent or upon waiver and
acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties
until the final decree of divorce or order of legal separation is entered, the petition is dismissed, the parties reach
agreement or until the court modifies or dissolves the injunction, written notice of which shall be served with the
complaint:
(1)(A) An injunction restraining and enjoining both parties from transferring, assigning, borrowing
against, concealing or in any way dissipating or disposing, without the consent of the other party or an
order of the court, of any marital property. Nothing herein is intended to preclude either of the parties from
seeking broader injunctive relief from the court.
(B) Expenditures from current income to maintain standard of living and the usual and ordinary costs
of operating a business are not restricted by this injunction. Each party shall maintain records of all
expenditures, copies of which shall be available to the other party upon request.
(2)
An injunction restraining and enjoining both parties from voluntarily canceling, modifying,
terminating, assigning or allowing to lapse for nonpayment of premiums, any insurance policy, including but not
limited to life, health, disability, homeowners, renters and automobile, where such insurance policy provides
coverage to either of the parties or the children, or that names either of the parties or the children as beneficiaries
without the consent of the other party or an order of the court. “Modifying” includes any change in beneficiary
status.
(3)
An injunction restraining both parties from harassing, threatening, assaulting or abusing the other
and from making disparaging remarks about the other to or in the presence of any children of the parties or to either
party’s employer.
(4)
An injunction restraining both parties from relocating any children of the parties outside the State
of Tennessee, or more than one hundred (100) miles from the marital home, without the permission of the other
party or an order of the court, except in the case of a removal based upon a well-founded fear of physical abuse
against either the fleeing parent or the child. In such cases, upon request of the non-relocating parent, the court will
conduct an expedited hearing, by phone conference if appropriate, to determine the reasonableness of the relocation
and to make such other orders as appropriate.
(5)
The provision of these injunctions shall be attached to the summons and the complaint and shall be
served with the complaint. The injunctions shall become an order of the court upon fulfillment of the requirements
of subsection (d) of this action. However, nothing in this subsection shall preclude either party from applying to the
court for further temporary orders, an expanded temporary injunction or modification or revocation of this
temporary injunction.
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