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Family Law Basics: the temporary injunction
Family Law Basics: the temporary injunction

Once you have filed a divorce or parental responsibilities case, or once you have been served with a Petition in this type of case, you should carefully review the Automatic Temporary Injunction that will apply to you for the duration of the case.

The injunctions for parental responsibilities and divorce cases are similar, but the divorce injunction includes additional clauses.

Both injunctions prohibit the parties from “molesting or disturbing the peace” of the other.  This isn’t a restraining order, but it does require that neither party harass each other during the course of the proceedings.

Both injunctions also prevent either party from taking their joint children out of the state of Colorado without an agreement or an order of the Court.

Both injunctions prohibit canceling any health insurance for the children or allowing it to lapse during the proceeding.  The divorce injunction extends this provision to car insurance and health insurance for the parties.

The divorce injunction also prevents either party from disposing of any marital property except in “the usual course of business or for the necessities of life” without both parties’ consent or a court order.

The upshot of all this is that you need to act carefully and prudently while your divorce or parental responsibility case is ongoing.  Don’t make any major changes or major decisions until you’ve spoken to your lawyer or requested agreement from your ex.  The Court takes the temporary injunction very seriously, and violating it can have consequences in the resolution of your case.  The injunction also acts as a guide for your behavior with your ex – you can hurt the trusting relationship you need to develop as a co-parent, and that can have long-term consequences for your children.

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