What Is an Injunction During a Divorce?
If you have recently been served with an injunction in your divorce case, you may be feeling confused or even frustrated. Many people are not sure why they received an injunction, what it means for them, or how it will affect their divorce proceedings. While receiving an injunction may seem intimidating, it is important to understand that this is a normal part of the divorce process in Texas, and there are steps you can take to follow the order while still protecting your rights.
At The Cusic Law Firm, P.C., our Texas divorce lawyers know that divorce can feel overwhelming, especially when legal terms and court orders start piling up. Our firm takes a personal, hands-on approach to help you understand what is happening and what your options are.
What Is an Injunction?
An injunction is a court order that requires a person to do something or stop doing something during a divorce. Injunctions are common in Texas divorce cases because they help ensure that both spouses follow certain rules while their case is pending.
Why Does a Judge Have the Authority to Issue an Injunction?
Judges have the authority to issue injunctions under Texas law, which allows courts to make temporary orders during a divorce to protect both parties and preserve fairness. These orders are designed to prevent harm, financial misconduct, or disruption while the divorce is ongoing.
Texas law gives judges broad discretion to issue injunctions when they are necessary to protect either spouse, children, or marital assets. Since divorces can take months or even years to finalize, injunctions help ensure that one party does not take unfair advantage of the situation before the court has a chance to issue a final ruling.
What Kinds of Injunctions Are Common in a Divorce?
While every case is different, some of the most common injunctions in a Texas divorce include:
- Financial restrictions: Courts may order spouses not to sell, transfer, or hide marital assets while the divorce is pending. This ensures that neither party depletes joint finances before a fair division is determined.
- Insurance protection: A spouse may be prohibited from removing the other spouse (or children) from health, auto, or life insurance policies. This prevents one spouse from leaving the other without necessary coverage.
- Child custody and parenting restrictions: Injunctions may prevent one parent from moving the children out of state, interfering with the other parent’s relationship with the children, or making major decisions about the children without agreement.
- Non-harassment orders: Courts may prohibit either spouse from harassing, threatening, or making disparaging remarks about the other in person, online, or in front of the children.
What Should You Do If You Receive an Injunction?
If you receive an injunction during divorce, the most important thing to do is take it seriously. Ignoring the order or violating its terms, even unintentionally, could lead to serious legal consequences.
First, read the injunction carefully to understand exactly what is prohibited. If anything is unclear, seek legal advice immediately. In some cases, injunctions are broad and may restrict actions that were not originally expected.
Next, follow the injunction as closely as possible. Even if you disagree with the order, it is crucial to comply until a court modifies or lifts the injunction. If you believe the order is unfair, you can file a motion to challenge it. A family law attorney can review your case, gather evidence, and present arguments to the judge on why the injunction should be changed or removed.
For example, if you are under a financial injunction that prevents you from selling assets but need to sell a home or car for legitimate reasons, you can ask the court for permission. Similarly, if an injunction prevents you from seeing your children due to allegations that are false or exaggerated, an attorney can help present your side of the story and seek a modification.
Call a Houston, TX Divorce Attorney for Help With an Injunction
If you have received an injunction as part of your divorce case, do not panic. These orders are common, and there are legal options available to protect yourself and your rights. At The Cusic Law Firm, P.C., our Harris County, TX divorce lawyers guide clients through the divorce process with a personal, hands-on approach, ensuring they understand their legal situation every step of the way.
Call 713-650-1866 today for a free consultation, and let us help you navigate your divorce with confidence.