What is an Injunction? Should One be Issued in Your Case? A Look at Injunctions in Divorce Proceedings

  • 26 Jul 2023

Divorce proceedings can be emotionally charged and complex, often involving various legal matters and disputes. In some cases, parties may seek the issuance of an injunction to address specific issues and provide temporary relief during the divorce process. But what exactly is an injunction, and when should one be issued in your divorce case in Maryland? Let’s explore the concept of injunctions and their relevance in divorce proceedings in the state.

An injunction is a legal order issued by a court that requires a person to stop or refrain from engaging in certain actions or behaviors. It is typically used to prevent harm, preserve assets, maintain the status quo, or protect the rights of individuals involved in a legal dispute. In divorce proceedings, injunctions can serve various purposes, depending on the circumstances of the case.

One common type of injunction in divorce cases is a temporary restraining order (TRO). A TRO is a temporary court order that prohibits both parties from taking certain actions or making changes until a further hearing can be held. For example, a TRO may prevent either party from dissipating marital assets, harassing the other party, or removing children from the state without permission.

Whether or not an injunction should be issued in your divorce case depends on the specific circumstances and the relief sought. Here are some factors to consider:

Safety Concerns: If there are concerns about domestic violence, abuse, or harassment, seeking an injunction may be necessary to protect the safety and well-being of the affected party and any children involved. In such cases, it is crucial to promptly consult with an attorney and provide evidence of the need for immediate protection.

Preservation of Assets: Injunctions can also be used to preserve marital assets during the divorce process. For example, if there is a risk that one party may dissipate or hide assets, an injunction can prevent such actions, ensuring that the assets are properly accounted for and divided during the divorce proceedings.

Child Custody and Visitation: In cases involving child custody and visitation disputes, an injunction may be sought to establish or maintain the status quo until a final decision is reached. This can include preventing one party from removing the children from the state or making unilateral decisions regarding their upbringing.

Financial Obligations: Injunctions can be used to enforce financial obligations during divorce proceedings. For instance, if one party fails to pay child support or spousal support as required by law, an injunction can be sought to compel compliance and ensure the financial well-being of the dependent party.

Business Interests: In some divorce cases, one or both parties may own a business or have significant business interests. Injunctions can be used to protect the business from harm or to prevent actions that could negatively impact its value or operations. This may include restraining a party from misappropriating business funds or making detrimental business decisions.

When considering whether to seek an injunction in your divorce case, it is crucial to consult with an experienced family law attorney. They can evaluate the specific circumstances of your case, assess the need for an injunction, and guide you through the legal process. Divorce proceedings are governed by state laws and regulations. It is important to understand the specific requirements and procedures for obtaining an injunction in your state. 

Injunctions can play a crucial role in divorce proceedings. Whether it is for safety concerns, asset preservation, child custody and visitation, financial obligations, or business interests, seeking an injunction may provide temporary relief and protect the rights of the parties involved. Consulting with a knowledgeable attorney is essential to determine whether an injunction is appropriate in your specific divorce case and to navigate the legal process effectively.

Each divorce is unique, and you deserve a divorce attorney who recognizes your individual needs during the process. At the Law Offices of Sandra Guzman-Salvado, our team guides you through the divorce process, keeping you informed every step of the way. Schedule your consultation today!

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