Understanding the Duration of a Temporary Injunction
Whether you are planning a divorce or a child custody battle, you should understand the Duration of a Temporary Injunction (TRO). TROs protect the children amid a legal dispute and may be a great option if the parents cannot agree on anything else. But the protections in a TRO don’t last forever. They can be terminated by the judge, and if the parents fail to appear for the second hearing, the injunction will be dissolved and the parent’s rights to custody and support will revert.
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Duration of a temporary injunction
An injunction is an equitable remedy. It can be granted only in an in-personam jurisdiction, such as a divorce or custody case. Temporary injunctions, or TROs, are issued by the court to prevent a party from taking a particular action. TROs are described in Rule 65 of the Federal Rules of Civil Procedure. Generally, a TRO addresses only the collateral requirements of an injunction, while its issuance standards are developed by judicial case law. Several jurisdictions have developed their standards for issuing a temporary injunction, although the exact standard of balancing the interests of the parties will vary.
A temporary injunction prohibits one party from taking any action until the court has reached a final decision in the divorce case. TROs generally last for 14 days, but they can be extended by the court or by agreement between the parties. Most notices for temporary orders will request that the terms of the TRO be the same as those of a temporary injunction. Frequently, clients want to know how long a TRO will last and whether it is possible to extend it in a mutually agreed manner.
Effectiveness of a temporary injunction
A temporary injunction is an order of the court that prevents a spouse from engaging in a specific activity. This type of order is largely ineffective unless the Judge signs it. The court can enter a default judgment against a party that fails to comply with the injunction. A party must provide evidence to justify a temporary injunction. However, an injunction cannot be indefinite in duration.
A temporary injunction lasts for a set period. In contrast, a temporary restraining order usually lasts 14 days and can only be extended by agreement between the parties or court order. Typically, a notice of hearing for temporary orders will ask the court to make the terms of the TRO similar to the terms of a temporary injunction. This question is one that clients frequently ask.
Effect of a temporary injunction on child custody
When a judge issues a temporary injunction to protect the interests of a parent over the other, the protections it provides continue until the court issues a final order. This order can take months to process, but in the interim, a judge may grant or refuse to grant a temporary injunction. If the parent fails to appear for a second hearing, they will not receive a temporary injunction and will lose the protection.
The entry of an injunction can also affect the child custody and physical placement dispute. The injunction prevents the Respondent from co-parenting with the child, including communicating directly with the child. Moreover, it may create safety concerns for the child. If one parent has a history of abuse or domestic violence, the court will consider this factor in determining whether to order the child to stay with the parent.
Effect of a temporary injunction on a divorce settlement
A temporary injunction is not a permanent judgment. It can only be granted in court if both parties agree to it. A judge can issue one, but only if the parties have evidence that they will not violate it. The court may enter a default judgment if the parties fail to meet. Nevertheless, it is unlikely that either party will use this type of injunction if the circumstances warrant it.
While the automatic injunction is not enforceable, it can still prevent the other spouse from misusing the property. Depending on the circumstances, the court may expand it to allow one spouse to take possession of the other’s credit cards. It may also prevent one spouse from using a credit card owned by the other partner. This could be an issue if the injunction is filed by the other spouse.