Injunction; Injunction Relief - Divorce Encyclopedia

Encyclopedia: A B C D E F G H I J K L M N O P Q R S T U V W Y

Term Definition Injunction; Injunction Relief - a court order preventing someone from doing a particular act which is likely to cause physical, mental injury or property loss of another individual, which the courts then order as injunctive relief.

Application in Divorce In divorce actions, property-related injunctions, which, for example restrict the sale or without notice to the recipient, because injunction.

Very frequently, one assets.

Sometimes characterized as "preliminary injunctions," temporary restraining orders," or "stays," these court orders cannot be arbitrarily made because they are controlled by statute and generally require that the mover "demonstrate an imminent threat of irreparable harm.

The imminent threat of irreparable harm means the contemplated move of assets not only will damage the party but also that the motives for doing it are "improper."

As a safeguard against injunction.

Temporary injunctions can be particularly important in cases where one spouse controls a business, manages substantial investments, and therefore is in advantageous position to hide or dissipate assets.

Such interim restraints may be problematic because injunctions freezing any estate." Some courts deal with this by limiting the scope of the injunction to transactions at less than full market value.

Injunctions which require certain actions are called affirmative, but most Injunctions are usually negatively defined, which means they prohibit certain activities. When the court issues an injunction, the relief.