Protecting Your Family - Mandatory Restraining Orders

MANDATORY RESTRAINING ORDERS

Colorado law provides that, upon filing and service of a divorce action, a mandatory restraining order goes into effect against both parties. This order is also known as a “mandatory injunction”, and is typically pre-printed on both the Summons and the Petition.

The language of the mandatory injunction is standard in any divorce process. It essentially provides that neither the husband nor the wife can remove or encumber any marital property without working it out between them; each party should leave the other in peace to begin a new life (yes, there is life after divorce, it will not be the same life, but a life with changes); neither parent may remove the children from the State; and, if there are children, or mom and dad are covered under any type of insurance, each party needs to give notice and obtain consent for any changes that affect insurance coverage.

As a whole these provisions are intended to protect the parents and the children in the status quo while the divorce process proceeds. There are exceptions for expenditures in the ordinary course of business or for necessities, including living expenses. Moreover, each party can request “Temporary Orders” to deal with more specific issues during the course of the divorce, such as temporary child support, maintenance, or parenting time.

If the parties involved cannot work these items out, then negotiating through attorneys is often a good way to accomplish these tasks. However, it is generally advisable to always insist that any changes to the temporary injunction be placed in a written agreement, signed and dated by each party. For example, a common issue during a divorce proceeding is whether one of the parents can visit relatives out of state with the children for a holiday. The courts encourage parties to work these kinds of issues out amongst themselves, but you should clearly be sure that the agreement is clear and in writing so that neither the parents nor the children are placed in a last-minute, stressful situation.

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