Unfortunately divorces are sometimes bitter battles that need the
intervention of the courts where a judge can play a major role in the outcome.
In some cases, a spouse may need an injunction during the proceedings. For the
most part, divorce often forces individuals to indulge in horrific acts against
their spouses (well perhaps not horrific, just uncooperative). An injunction is a legal tool to
protect individuals, their children, and property from vindictive spouses.
If you do not think your spouse can become vindictive, just try taking
the flat screen or their favorite art piece. Let’s not even dog about Acho, the
dog, who they care about so much. You will see the worst come out of your
spouse when and if you try to take him away. If you do not believe this, just
watch the beginning of the movie Wedding Crashers and you will see two people
that once loved each other try to destroy each other.
What is an injunction?
An injunction is an order issued by the judge against an individual
forcing him/her to stop doing certain things and at times to start doing things
that are responsible.
The court may grant a temporary restraining order, preliminary
injunction, or a permanent injunction and your Houston, TX divorce lawyer (http://divorce.usattorneys.com/texas/)
will explain all this to you – probably beforehand.
A temporary restraining order is usually granted when the petitioner
needs relief in an emergency situation to protect a person or a property. The
validity of this order ranges from 5 to 10 days.
In most cases a preliminary injunction is often granted when a potential
threat is imminent. This is a precautionary measure advised by most Texas
divorce attorneys until every issue in a divorce is sorted out. On the other
hand, a permanent injunction is rare in a divorce. Such an order is usually
passed at the conclusion of a lawsuit as a clause in the final judgment.
The
commons types of injunction orders
TRO or a temporary restraining order is the most common injunctions
sought by Houston, Texas divorce lawyers when it is necessary. There are
certain situations, which makes TROs necessary. If your spouse may attempt to
move out of the state with your children or for that matter try to use marital
assets as collateral to secure a loan, a TRO may be necessary.
A TRO can also prevent your spouse from cancelling health and auto
insurance policies or removing your name as a beneficiary under a life
insurance policy. Most importantly you can protect your bank accounts, and
retirement funds from being wiped clean. It is important to understand that a
TRO can be applied to protect anything that you held jointly with your partner.
A TRO is the best way to maintain status quo until the time all the
differences between you and your spouse are sorted out legally. Courts too favor
TROs as they prevent spouses from contentious issues that could possibly linger
after a divorce.
Another important injunction is the domestic violence TRO. This TRO
is granted in an emergency situation when an abusive individual is ordered to
stay away from the children and his/her spouse until a special trial is held
and the restraining order is extended. This trial happens within a week or two
determining whether the spouse was guilty of abuse or not despite the hard work
of their Texas divorce lawyers. You can find some of the best in this business
on this powerful and innovative digital tool, this website: http://divorce.usattorneys.com/texas/.
If the individual is found guilty then the court will issue a final
restraining order. The order will specify the quantum or the amount of contact
that is available, if any, between the spouses. In some cases, contact between
spouses is not permitted at all (it is just better that way). The courts also
specify conditions that must be adhered to during any meetings with your spouse
and is also applied for future visitation times with the children.

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