What is a Joint Preliminary Injunction And Do I Have To Follow It?
In a divorce case, the preliminary injunction is an official court order that is effective until the divorce case has been finalized, either by agreement between the parties or by a court order from the judge. It is usually served on a party, along with the summons and the complaint for divorce.
The purpose of the JPI, as it is called, is to keep everything as it has been between the couple prior to filing for divorce, and it may order the following things:
- The spouses must not sell, gift, transfer, borrow against or hide any community property unless it is necessary or done in the usual course of a business.
- There is to be no family violence.
- Spouses may not remove children from the state without the written agreement from both the parties or with a court permission.
- All types of insurance coverage for the spouses and for the children must remain effective. No one can be removed from the insurance, and it cannot be canceled.
These are just a few of the things that a JPI, or joint preliminary injunction, may include to keep the status quo between the parties during the divorce process.
Violating the JPI can result with the violating person being held in contempt of court, which can then lead to either fines or jail time, imposed by the court. If you have any questions about what a JPI is or how it can affect you, if you need to follow it, or if you just simply want more information it is important to speak with an experienced attorney.