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Rule 109. Injunction incertain domestic relations cases.

(a) Actions in which a domesticinjunction enters. Unless the court orders otherwise, in an action fordivorce, annulment, temporary separation, custody, parent time, support, orpaternity, the court will enter an injunction when the initial petition isfiled. Only the injunction?s applicable provisions will govern the parties tothe action.

(b) General provisions.  

(1) If theaction concerns the division of property then neither party may transfer,encumber, conceal, or dispose of any property of either party without thewritten consent of the other party or an order of the court, except in theusual course of business or to provide for the necessities of life.

(2) Neitherparty may, through electronic or other means, disturb the peace of, harass, orintimidate the other party.

(3) Neitherparty may commit domestic violence or abuse against the other party or a child.

(4) Neitherparty may use the other party?s name, likeness, image, or identification toobtain credit, open an account for service, or obtain a service.

(5) Neitherparty may cancel or interfere with telephone, utility, or other services usedby the other party.

(6) Neitherparty may cancel, modify, terminate, change the beneficiary, or allow to lapsefor voluntary nonpayment of premiums, any policy of health insurance,homeowner's or renter's insurance, automobile insurance, or life insurancewithout the written consent of the other party or pursuant to further order ofthe court.

(c) Provisions regarding a minorchild. The following provisions apply when a minor child is a subjectof the petition.

(1) Neitherparty may engage in non-routine travel with the child without the writtenconsent of the other party or an order of the court unless the followinginformation has been provided to the other party:

(A) an itinerary of travel dates and destinations;

(B) how to contact the child or traveling party; and

(C) the name and telephone number of an available thirdperson who will know the child's location.

(2) Neitherparty may do the following in the presence or hearing of the child:

(A) demean or disparage the other party;

(B) attempt to influence a child?s preference regardingcustody or parent time; or

(C) say or do anything that would tend to diminish the loveand affection of the child for the other party, or involve the child in theissues of the petition.

(3) Neitherparty may make parent time arrangements through the child.

(4) When thechild is under the party?s care, the party has a duty to use best efforts toprevent third parties from doing what the parties are prohibited from doingunder this order or the party must remove the child from those third parties.

(d) Service.The court will serve the injunction on the petitioner at the time the petitionis filed. The petitioner must provide the respondent with a copy of theinjunction as entered by the court through any means reasonably calculated togive notice.

(e) When the injunction is binding. Theinjunction is binding

(1) on the petitioner upon filing the initial petition; and

(2) on the respondent after filing of the initial petitionand upon receipt of a copy of the injunction as entered by the court.

(f) When the injunctionterminates. The injunction remains in effect until the final decree isentered, the petition is dismissed, the parties otherwise agree in a writingsigned by all parties, or further order of the court.

(g) Modifying or dissolving theinjunction. A party may move to modify or dissolve the injunction.

(1) Prior to aresponsive pleading being filed, the court shall determine a motion to modifyor dissolve the injunction as expeditiously as possible. The moving party mustserve the nonmoving party at least 48 hours before a hearing. 

(2) After aresponsive pleading is filed, a motion to modify or to dissolve the injunctionis governed by Rule 7 or Rule 101, as applicable.

(h) Separate conflictingorder. Any separate order governing the parties or their minorchildren will control over conflicting provisions of this injunction.

(i) Applicability. Thisrule applies to all parties other than the Office of Recovery Services.


Effective January 1, 2021