Tennessee’s Automatic Injunction: Throwing Water on Fiery Divorces
- At January 29, 2014
- By Miles Mason
- In Divorce, Divorce Process
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Tennessee’s automatic mandatory injunction throws water on fiery divorces
In every divorce, Tennessee’s automatic mandatory injunction serves to damper bad behavior before the fire can really begin to roar. Even if a copy of the “automatic injunction” is not attached to the complaint, it is smart to consider that it is in effect.
On occasion, filing for divorce actually quiets things down between the spouses. Tennessee divorce is a big step. Once the decision is made to move forward with dissolving the marriage, taking action can release pressure and pent-up frustrations in a positive way. However, it’s equally plausible that filing for divorce will fan the emotional flames, pitting the spouses against each other. Often in ways neither could imagine when they were still trying to work things out between themselves.
Judges are fully aware of how negative emotions can rule the couple’s actions, creating a bad situation for the parties and their minor children.
Putting Out the Flames of Bad Behavior
The mandatory injunction statute provides a laundry list of things the spouses can and cannot do, both inside and outside their TN divorce proceedings. Take a closer look at T.C.A. § 36-4-106(d):
(d) Upon the filing of a petition for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties until the final decree of divorce or order of legal separation is entered, the petition is dismissed, the parties reach agreement, or until the court modifies or dissolves the injunction, written notice of which shall be served with the complaint:
(1) (A) An injunction restraining and enjoining both parties from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing, without the consent of the other party or an order of the court, of any marital property. Nothing herein is intended to preclude either of the parties from seeking broader injunctive relief from the court.
(B) Expenditures from current income to maintain the marital standard of living and the usual and ordinary costs of operating a business are not restricted by this injunction. Each party shall maintain records of all expenditures, copies of which shall be available to the other party upon request.
(2) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life, health, disability, homeowners, renters, and automobile, where such insurance policy provides coverage to either of the parties or the children, or that names either of the parties or the children as beneficiaries without the consent of the other party or an order of the court. “Modifying” includes any change in beneficiary status.
(3) An injunction restraining both parties from harassing, threatening, assaulting or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party’s employer.
(4) An injunction restraining and enjoining both parties from hiding, destroying or spoiling, in whole or in part, any evidence electronically stored or on computer hard drives or other memory storage devices.
(5) An injunction restraining both parties from relocating any children of the parties outside the state, or more than fifty (50) miles from the marital home, without the permission of the other party or an order of the court, except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such cases, upon request of the nonrelocating parent, the court will conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.
(6) The provisions of these injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon fulfillment of the requirements of this subsection (d). However, nothing in this subsection (d) shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of this temporary injunction.
(7) The temporary injunctions provided in this section shall only apply to the spousal parties named in the petition and shall not apply to any third party named in the petition; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law or rule.
In summary, the automatic injunction limits many activities. Including what parties can do with their marital property, while allowing expenditures of income to continue operating a business in the ordinary course and to maintain their current standard of living. The spouses cannot modify or cancel insurance policies covering themselves or their children, or change beneficiaries. They are enjoined from tampering with, hiding, or destroying electronically stored evidence, including evidence in computer memory. And, absent exigent circumstances, a parent cannot relocate a child outside Tennessee without prior court permission. But there is yet another provision to chill hot tempers.
More specifically, the parties are enjoined from numerous bad behaviors, including:
1. Harassment: Harassing the other spouse violates the automatic injunction. A few examples of harassment include calling the other party and allowing the phone to ring incessantly; sending email messages that contain lies, lewd, or indecent messages; and refusing to identify oneself when the phone is answered.
2. Threats: The parties are prohibited from lobbing threats at each other. For instance, threatening to remove the children from Tennessee if the other parent doesn’t give in to demands. A threat can be communicated verbally, nonverbally, or in writing.
3. Assault: An assault may be actionable as a criminal matter under Tennessee law, but it is also specifically prohibited during a divorce.
4. Abuse: This covers any form of domestic violence against the other party. Striking or pushing a spouse, using a weapon against a spouse, these are precisely the kinds of behaviors that the automatic injunction proscribes.
5. Disparaging remarks: There are two ways trash-talking, or criticizing, the other spouse can violate the automatic injunction. One, bad-mouthing the other spouse in the children’s presence (“You’re father is such a loser”). Two, bad-mouthing the other spouse in front of his or her employer (“She’s gone to work intoxicated many times”).
Any of these fiery behaviors could be met with a bucket of cold water from the judge, figuratively speaking of course.
What Happens When a Spouse Violates the Injunction?
Violating the automatic mandatory injunction can lead to a contempt of court proceeding wherein the judge enforces its orders. Information about filing a Petition for Contempt against the other spouse (or how to defend against such a petition) can be found in our discussion on Tennessee Injunctions and Contempt of Court Hearings.
