In Oklahoma, an Automatic Temporary Injunction in the context of a divorce is a legal order that automatically goes into effect during the filing of the divorce case. It is there to protect the rights and interests of both spouses during the divorce process. The specific terms of the Automatic Temporary Injunction may vary depending on the jurisdiction, but some common provisions typically include:
Mutual Restraining Orders:
A mutual restraining order goes in to effect upon the filing of the petition. The restraining order is part of all divorce cases filings in Oklahoma. This order prohibits both parties to the divorce or custody case from acting outside of their normal scope of activity that was happening prior to filing. The automatic temporary injunction prohibits both parties from taking certain actions, such as selling or transferring property, withdrawing large sums of money from joint accounts, or changing insurance beneficiaries without the consent of the other party or a court order.
Judicial Order OF Proper Conduct
The injunction prohibits both spouses from harassing, threatening, or physically abusing each other during the divorce proceedings. Because we know just how volatile a divorce can be this is a useful order designed to tamp down bad behavior. If one of the spouses is violating the judicial order the Judge in your case could admonish or punish the guilty spouse. In still other situations if the bad behavior reaches the level of threats of harm or a unreasonable harassment the aggrieved spouse might get a protective order that forbids any contact by the offending spouse.
Child Custody and Visitation Must Not Change
The automatic temporary injunction has an immediate impact of child custody and visitation. The injunction ensures that neither party interferes with the other’s access to the children. This is an important role of the order and can impact how custody and visitation moves forward. If a parent violates the restraining order they can find themselves at a serious disadvantage in deterring how child custody pans out in the case. The order also prohibits parents from relocating wit the children more than 75 miles from where they live before the divorce filing or where they resided prior to filing.
Restraining Orders are Intended To Maintain Status Quo
Automatic Temporary Injunctions are there to maintain the status quo and protect the interests of both parties during the divorce process. Violating the terms of an Automatic Temporary Injunction can lead to legal consequences, including contempt of court charges. It’s essential for individuals going through a divorce in Oklahoma to familiarize themselves with the specific injunction terms in their case and to consult with an attorney to ensure compliance and protection of their rights. Legal processes and requirements can change over time, so it’s always a good idea to consult with a legal professional for the most up-to-date information and advice regarding divorce proceedings in your jurisdiction.
Divorce and Custody Attorneys in Tulsa
Divorce is never easy. The process can be fraught with potential conflict that needs to be resolved. After years of working together some couples have to adjust to the difficulty that sometimes comes with change. If you are facing divorce you don’t have to go it alone. Turn to your friends and family for support and get a good divorce lawyer on your side. For a free consultation with a lawyer from Tulsa Divorce Attorneys and Associates call 539-302-0303 or go here to ask a free online family law question.