What is a Temporary Automatic Injunction?

In Colorado, when a dissolution is filed and served upon an opposing party, a Temporary Automatic Injunction will go into effect.

What is a Temporary Automatic Injunction?

Let's break it down word by word, Tarantino-style.

First, Automatic. What this means is that these orders go into effect instantaneously when a person is served, a Co-Petition is filed, or a Waiver is signed in a dissolution or legal separation. No one needs to request this, and it is done with every case.

The Injunction part of this order stops each party (both the filing party and the one being served with the dissolution paperwork) from diverting from the status quo during the pendency of the case. Neither party is allowed, for example, to drain the bank accounts; change beneficiaries on insurance or investment policies; sell the car; stop paying the mortgage; or do anything that would otherwise harm the other party.

The other thing that the injunction does is prohibits either party from harassing, molesting, or otherwise disturb the peace of the other party. Both parties must respect the financial, physical and emotional well-being of the other party.

This is a Temporary order that will remain in place until a Decree is issued, or the case is dismissed. In other words, any and everything in a divorce or legal separation needs to be done by Court order or agreement of the parties until all is said and done.

There are two exceptions to this order and, of course, both are fairly vague.

The first exception is "usual course of business." This means that financial expenditures for each divorce are viewed on a case-by-case basis. For example, while it might seem outlandish for some folks to spend hundreds of dollars on landscaping per month, some others live on large acres of land that require significant upkeep.

The other exception is "necessities of life." Expenses that fall under this category might include things that vary like groceries or gas for the car, or they may also be something like having to pay a medical deductible for a child that suddenly falls ill.

Usually the difference, as with many things, lies in intent. There is a distinct difference between a party paying the previously agreed upon $5,000 annual private school tuition for a child that has historically attended it and a party booking a last-minute trip to Vegas with their friends. The hope, of course, is that if financially emergencies arise, parties will be able to put their differences aside to figure out a reasonable plan.

Unfortunately, that is not always the case. If you believe that the other party in your case has violated the Temporary Automatic Injunction, be sure to contact an attorney to discuss your specific case and any remedies that they may have.