Rule 109. Injunction in
certain domestic relations cases.
(a) Actions in which a domestic
injunction enters. Unless the court orders otherwise, in an action for
divorce, annulment, temporary separation, custody, parent time, support, or
paternity, the court will enter an injunction when the initial petition is
filed. Only the injunction’s applicable provisions will govern the parties to
the action.
(b) General provisions.
(1) If the
action concerns the division of property then neither party may transfer,
encumber, conceal, or dispose of any property of either party without the
written consent of the other party or an order of the court, except in the
usual course of business or to provide for the necessities of life.
(2) Neither
party may, through electronic or other means, disturb the peace of, harass, or
intimidate the other party.
(3) Neither
party may commit domestic violence or abuse against the other party or a child.
(4) Neither
party may use the other party’s name, likeness, image, or identification to
obtain credit, open an account for service, or obtain a service.
(5) Neither
party may cancel or interfere with telephone, utility, or other services used
by the other party.
(6) Neither
party may cancel, modify, terminate, change the beneficiary, or allow to lapse
for voluntary nonpayment of premiums, any policy of health insurance,
homeowner's or renter's insurance, automobile insurance, or life insurance
without the written consent of the other party or pursuant to further order of
the court.
(c) Provisions regarding a minor
child. The following provisions apply when a minor child is a subject
of the petition.
(1) Neither
party may engage in non-routine travel with the child without the written
consent of the other party or an order of the court unless the following
information 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 third
person who will know the child's location.
(2) Neither
party 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 regarding
custody or parent time; or
(C) say or do anything that would tend to diminish the love
and affection of the child for the other party, or involve the child in the
issues of the petition.
(3) Neither
party may make parent time arrangements through the child.
(4) When the
child is under the party’s care, the party has a duty to use best efforts to
prevent third parties from doing what the parties are prohibited from doing
under 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 petition
is filed. The petitioner must provide the respondent with a copy of the
injunction as entered by the court through any means reasonably calculated to
give notice.
(e) When the injunction is binding. The
injunction is binding
(1) on the petitioner upon filing the initial petition; and
(2) on the respondent after filing of the initial petition
and upon receipt of a copy of the injunction as entered by the court.
(f) When the injunction
terminates. The injunction remains in effect until the final decree is
entered, the petition is dismissed, the parties otherwise agree in a writing
signed by all parties, or further order of the court.
(g) Modifying or dissolving the
injunction. A party may move to modify or dissolve the injunction.
(1) Prior to a
responsive pleading being filed, the court shall determine a motion to modify
or dissolve the injunction as expeditiously as possible. The moving party must
serve the nonmoving party at least 48 hours before a hearing.
(2) After a
responsive pleading is filed, a motion to modify or to dissolve the injunction
is governed by Rule 7 or Rule 101, as applicable.
(h) Separate conflicting
order. Any separate order governing the parties or their minor
children will control over conflicting provisions of this injunction.
(i) Applicability. This
rule applies to all parties other than the Office of Recovery Services.
Effective January 1, 2021