25-315

25-315. Temporary order or preliminary
injunction; effect; definition

A. In all actions for dissolution of marriage, for legal separation or for
annulment, the clerk of the court shall pursuant to order of the superior court issue a
preliminary injunction in the following manner:

1. The preliminary injunction shall be directed to each party to the action and
contain the following orders:

(a) That both parties are enjoined from transferring, encumbering, concealing,
selling or otherwise disposing of any of the joint, common or community property of the
parties except if related to the usual course of business, the necessities of life or
court fees and reasonable attorney fees associated with an action filed under this
article, without the written consent of the parties or the permission of the court.

(b) That both parties are enjoined from:

(i) Molesting, harassing, disturbing the peace of or committing an assault or
battery on the person of the other party or any natural or adopted child of the parties.

(ii) Removing any natural or adopted child of the parties then residing in Arizona
from the jurisdiction of the court without the prior written consent of the parties or
the permission of the court.

(iii) Removing or causing to be removed the other party or the children of the
parties from any existing insurance coverage, including medical, hospital, dental,
automobile and disability insurance.

2. The preliminary injunction shall include the following statement:


 Warning

This is an official court order. If you disobey this order the court may
find you in contempt of court. You may also be arrested and prosecuted for the
crime of interfering with judicial proceedings and any other crime you may
have committed in disobeying this order.

You or your spouse may file a certified copy of this order with your
local law enforcement agency. A certified copy may be obtained from the clerk
of the court that issued this order. If you are the person that brought this
action, you must also file evidence with the law enforcement agency that this
order was served on your spouse.

This court order is effective until a final decree of dissolution, legal
separation or annulment is filed or the action is dismissed.

3. The preliminary injunction is effective against the petitioner when the petition
is filed and against the respondent on service of a copy of the order or on actual notice
of the order, whichever is sooner. If service is by registered mail under the Arizona
rules of family law procedure, the order is effective on receipt of the order. The order
remains effective until further order of the court or the entry of a decree of
dissolution, legal separation or annulment.

4. At the time of filing the petition for dissolution, legal separation or
annulment, the copies of the preliminary injunction shall be issued to the petitioner or
the agent, servant or employee filing the petition for dissolution, legal separation or
annulment. The petitioner is deemed to have accepted service of the petitioner's copy of
the preliminary injunction and to have actual notice of its contents by filing or causing
to be filed a petition for dissolution, legal separation or annulment. The petitioner
shall cause a copy of the preliminary injunction to be served on the respondent with a
copy of the summons and petition for dissolution, legal separation or annulment.

5. The preliminary injunction has the force and effect of an order of the superior
court signed by a judge and is enforceable by all remedies made available by law,
including contempt of court.

B. In a proceeding for dissolution of marriage, for legal separation, for annulment
or for maintenance or support following dissolution of the marriage by a court that
lacked personal jurisdiction over the absent spouse, either party may move for an order
for equal possession of the liquid assets of the marital property, temporary maintenance
or temporary support of a child, natural or adopted, common to the parties entitled to
support. The court shall provide for an order for equal possession of the liquid assets
of the marital property that existed as of the date the petition for dissolution or legal
separation or annulment was served, unless the court finds that there is good cause not
to divide those assets. The court's division of liquid assets held by financial
institutions does not invalidate applicable law or any provision of an account agreement
that assesses penalties against the account holder for premature or unscheduled
withdrawals of account funds. The motion shall be accompanied by an affidavit setting
forth the factual basis for the motion and the amounts requested and, if appropriate, the
liquid assets of the parties. An order for equal possession of the liquid assets of the
marital property does not prejudice any final division of the marital community. This
subsection does not eliminate the application of the preliminary injunction.

C. As a part of a motion for temporary maintenance or support or by independent
motion accompanied by affidavit, either party may request the court to issue a temporary
restraining order or preliminary injunction for any of the following relief:

1. Excluding a party from the family home or from the home of the other party on a
showing that physical or emotional harm may otherwise result.

2. Providing other injunctive relief proper in the circumstances.

D. The court may issue a temporary restraining order without requiring notice to
the other party only if it finds on the basis of the moving affidavit or other evidence
that irreparable injury will result to the moving party if no order is issued until the
time for responding has elapsed. A bond is not required unless the court deems it
appropriate.

E. On the basis of the showing made, and in conformity with sections 25-318 and
25-319, the court may issue a preliminary injunction and an order for temporary
maintenance or support in amounts and on terms just and proper in the circumstances. The
court may also make temporary orders respecting the property of the parties, as may be
necessary.

F. A temporary order or preliminary injunction:

1. Does not prejudice the rights of the parties or of any child that are to be
adjudicated at the subsequent hearings in the proceeding.

2. May be revoked or modified before final decree on a showing by affidavit of the
facts necessary to revocation or modification of a final decree under section 25-327.

3. That provided for equal possession of liquid assets of the marital property does
not prejudice either party's claim for temporary maintenance, child support or attorney
fees.

4. Terminates when the final decree is entered or when the petition for
dissolution, legal separation or annulment is dismissed.

G. A person who disobeys or resists an injunction issued pursuant to subsection A,
paragraph 1, subdivision (b) or subsection C, paragraph 1 of this section is subject to
arrest and prosecution for interference with judicial proceedings pursuant to section
13-2810 and the following procedures apply:

1. Any party may cause a certified copy of the injunction and return of service on
the other party to be registered with the sheriff having jurisdiction of the area in
which the party resides. The party originally registering the injunction shall register
any changes or modifications of the injunction with the sheriff. For enforcement by
arrest and prosecution for interference with judicial proceedings, a certified copy of
the injunction, whether or not registered with the sheriff, is presumed to be a valid
existing order of the court until a final decree of dissolution, legal separation or
annulment is entered or the action for dissolution or legal separation is dismissed.

2. A peace officer, with or without a warrant, may arrest a person if the peace
officer has probable cause to believe that an offense under this subsection has been
committed and has probable cause to believe that the person to be arrested has committed
the offense, whether the offense is a felony or a misdemeanor and whether such offense
was committed within or without the presence of the peace officer. The release procedures
available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not
applicable to arrests made pursuant to this subsection.

3. A peace officer making an arrest pursuant to this subsection is not civilly or
criminally liable for the arrest if the officer acts on probable cause and without
malice.

4. A person arrested pursuant to this subsection may be released from custody in
accordance with the rules of criminal procedure or other applicable statute. An order for
release, with or without an appearance bond, shall include pretrial release conditions
necessary to provide for the protection of the alleged victim and other specifically
designated persons and may provide additional conditions that the court deems
appropriate, including participation in any counseling programs available to the
defendant.

5. The remedies provided in this subsection for enforcement of the preliminary
injunction are in addition to any other civil or criminal remedies available, including
civil contempt of court. The use of one remedy does not prevent the simultaneous or
subsequent use of any other.

H. For the purposes of this section, "liquid assets" means:

1. Cash.

2. Traveler's checks.

3. Cash in financial institutions.

4. Lottery winnings.