Domestic Relations Injunction

When someone files a divorce, annulment, temporary separation, custody, parent time, support, or paternity case, the court will automatically enter an injunction in the case. This includes a request to modify an order in one of these cases.

Generally, an "injunction" is a court order that requires parties to do something or not do something. The domestic relations injunction tells parties what they may not do while the case is underway.

Utah Rule of Civil Procedure 109

Get a copy of the injunction to the other party

The person starting the case must get a copy of the injunction to the other party. The injunction is not binding on the other party until they receive it.

Prohibited actions

In all cases

The injunction orders both parties not to:

harass, intimidate or disturb the peace of the other party, by any means, including electronically.
commit domestic violence or abuse against the other party or a child.
use the other party's name, likeness, image, or identification to get credit, open an account for service, or obtain a service.
cancel or interfere with telephone, utility, or other services used by the other party.
cancel, modify, terminate, change the beneficiary, or allowing to lapse for voluntary nonpayment of premiums (without the written consent of the other party or with permission of the court) any policy of:
- health insurance,
- homeowner's or renter's insurance,
- automobile insurance, or
- life insurance

Cases involving the division of real estate, personal property or debts

If the petition involves the division of real estate, personal property or debts, the parties must not transfer, encumber, conceal, or dispose of their property or the other party's property unless:

they have the written consent of the other party or
they have a court order

except in the usual course of business or to provide for basic necessities.

Cases involving minor children

If the case involves minor children the parties must not:

Take the children on non-routine travel unless:
- they have the written consent of the other party or
- they have a court order, or
- the following information has been provided to the other party:
  - an itinerary of travel dates and destinations;
  - how to contact the children or traveling party; and
  - the name and telephone number of an available third person who will know the children's location.
In the presence or hearing of the children:
- demean or disparage (talk badly about) the other party;
- attempt to influence the children's preference regarding custody or parent time; or
- say or do anything that would negatively affect the love and affection of the children for the other party, or involve the children in the issues of the petition.
Make parent time arrangements through the children.

When the children are under a party's care, that party must use best efforts to prevent others from doing anything described above, and if necessary remove the children from the situation.

When the injunction is effective

The domestic relations injunction is binding:

for the petitioner when the petition is filed.
for the respondent when they receive a copy of the injunction.

How long the injunction lasts

The domestic relations injunction is in effect until:

the final decree is entered,
the petition is dismissed,
the parties otherwise agree in a writing signed by all parties, or
the court orders otherwise.

Asking to modify or dissolve the injunction

A party may ask to modify or dissolve the domestic relations injunction by filing a motion.

The motion will be decided as quickly as possible if it is filed before an answer to the petition or other responsive pleading is filed. The moving party must serve the nonmoving party at least 48 hours before a hearing.
If the motion is filed after a responsive pleading is filed, Utah Rule of Civil Procedure 7 or Rule 101 apply.

Conflicting orders

If there is another order with conflicting provisions governing the parties or their minor children (such as a protective order), the parties must comply with the provisions of the other order.

Forms

1900FA