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. An
injunction is a legal tool to protect individuals, their children and property
from vindictive spouses.
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Children can be scarred by a divorce but also by living in a home that is broken. |
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. This is sort of like in the movie Heat when Neil McCauley,
a career criminal,
warned Charlene Shiherlis to go back home, stop having affairs, stop being
dumb, and to give Chris Shiherlis one more chance. Now McCauley was not a judge
but in this case he was the judge.
According to Tulsa, OK divorce lawyers, the court may grant a temporary
restraining order, preliminary injunction, or a permanent injunction.
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 Oklahoma
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.
Some divorces are amicable, though rare, there are some like that. There
are other divorces that turn ugly. This is when using this fabulous and life
saving website Divorce.USAttorneys.com to find legal help
is not quite enough. But you need to use this website and possibly contact us
nonetheless, preferably before things get out of hand.
Commons Types of Injunction Orders
TRO or the temporary restraining orders are the most common injunctions
according to Tulsa, OK divorce lawyers. There are certain situations which make
TROs necessary. If your spouse may attempt to move out of the state with your
children (Walter White in the show Breaking Bad did this but then got his head
on straight) or for that matter try to use marital assets as collateral to
secure a loan, a TRO may be necessary.
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If you have to divorce when you are pregnant, call up a Tulsa, OK divorce lawyer. |
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 crucial 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. In the movie
Enough, JLo who played Slim Hiller, literally had enough, she was forced to
kill her husband because of his violent actions and tendencies. Courts too
favor TROs as they prevent spouses from contentious issues that could possibly
linger after a divorce.
Another powerful 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. If the individual is
found guilty then the court will issue a final restraining order. The order
will specify the amount of contact, if any, between the spouses. In some cases,
contact between spouses is not permitted at all.
Walter White knows all about that!
If
you have any sort of issues in settling your divorce, be it an injunction,
child custody, or any other matter, you can always reach out to a
marvelous Oklahoma divorce lawyer to protect your rights.
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