How Long Does a Temporary Injunction Last?
There are different reasons why a court might issue temporary injunctions, including to protect a person or child, preserve property or evidence, and more. These injunctions prohibit a party from doing something, such as selling property or leaving town with a child. When a court issues a temporary injunction, it is important that all necessary parties adhere to it, as there can be consequences of violating the court order.
In order for a temporary injunction to be issued, both parties must have the opportunity to state their sides at a hearing. Whether an injunction is in your favor or not, you want the right legal representation since the injunction can impact your life for a certain period of time.
What Does “Temporary” Mean?
Unlike a permanent injunction, a temporary order does not prohibit you or someone else from doing something indefinitely. Once the injunction expires, so does the enjoinment on the parties. A temporary injunction can be put in place for a set period of time specified by the court or until you reach a resolution in your underlying case. The order will expire on the set date, by Order of the Court, by agreement of all parties, or until your case has a final order issued.
Putting an Injunction in Place
Whether you or the other party in your case, such as your spouse in a divorce, want an injunction, you have to request it in the proper manner. Parties can agree to have a temporary injunction in place, such as not to sell any property that will be divided in a divorce or withdraw funds from certain financial accounts. However, even if you agree, the injunction does not take effect until it is signed by the judge.
If parties do not agree, one party will petition the court to issue the temporary injunction, the other party will present their arguments against the injunction, and the judge will decide what is appropriate and set the duration of the injunction.
Modifying or Removing an Injunction
Circumstances can change, and one or both parties might want to modify the injunction or dissolve it altogether. The parties must petition the court to do either. However, if you disagree with an injunction, challenging it once one is already in place can be an uphill battle. It is best to have the right legal representation to fight the injunction at the initial hearing.
If complying with an injunction is impractical or impossible, you should discuss this with your attorney right away. Never simply violate an injunction, as the court can impose penalties, including holding you in contempt of court.
Seek Help from a Fort Worth Family Law Attorney
At the Law Office of Kyle Whitaker, we help with every stage of family law cases, including seeking or defending against a temporary injunction. We know how these orders can impact your life, and we are ready to protect your rights. Contact us or call 817-332-7703 to discuss your case and how we can help today.