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Rule 109. Injunction incertain domestic relations cases.

(a)Actions in which a domestic injunctionenters. Unless the court orders otherwise, in an action for divorce, annulment,temporary separation, custody, parent time, support, or paternity, the court willenter an injunction when the initial petition is filed. Only the injunction?sapplicable provisions will govern the parties to the action.

(b)General provisions. ?

(b)(1)If the action concerns the division of property then neither party maytransfer, encumber, conceal, or dispose of any property of either party withoutthe written 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.

(b)(2)Neither party may, through electronic or other means, disturb the peace of,harass, or intimidate the other party.

(b)(3)Neither party may commit domestic violence or abuse against the other party ora child.

(b)(4)Neither party may use the other party?s name, likeness, image, oridentification to obtain credit, open an account for service, or obtain aservice.

(b)(5)Neither party may cancel or interfere with telephone, utility, or otherservices used by the other party.

(b)(6)Neither party may cancel, modify, terminate, change the beneficiary, or allowto lapse for 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 minor child. Thefollowing provisions apply when a minor child is a subject of the petition.

(c)(1)Neither party 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:

(c)(1)(A) anitinerary of travel dates and destinations;

(c)(1)(B) howto contact the child or traveling party; and

(c)(1)(C) thename and telephone number of an available third person who will know thechild's location.

(c)(2)Neither party may do the following in the presence or hearing of the child:

(c)(2)(A) demeanor disparage the other party;

(c)(2)(B) attemptto influence a child?s preference regarding custody or parent time; or

(c)(2)(C) sayor do anything that would tend to diminish the love and affection of the childfor the other party, or involve the child in the issues of the petition.

(c)(3)Neither party may make parent time arrangements through the child.

(c)(4)When the child is under the party?s care, the party has a duty to use bestefforts to prevent third parties from doing what the parties are prohibitedfrom doing under this order or the party must remove the child from those thirdparties.

(d)When the injunction is binding. The injunctionis binding

(d)(1) on the petitioner upon filing theinitial petition; and

(d)(2) on the respondent after filingof the initial petition and upon receipt of a copy of the injunction as enteredby the court.

(e)When the injunction terminates. The injunctionremains in effect until the final decree is entered, the petition is dismissed,the parties otherwise agree in a writing signed by all parties, or furtherorder of the court.

(f)Modifying or dissolving the injunction. Aparty may move to modify or dissolve the injunction.

(f)(1)Prior to a responsive pleading being filed, the court shall determine a motionto modify or dissolve the injunction as expeditiously as possible. The movingparty must serve the nonmoving party at least 48 hours before a hearing.?

(f)(2)After a responsive pleading is filed, a motion to modify or to dissolve theinjunction is governed by Rule 7 or Rule 101, as applicable.

(g)Separate conflicting order. Anyseparate order governing the parties or their minor children will control over conflictingprovisions of this injunction.

(h)Applicability. This rule applies toall parties other than the Office of Recovery Services.

 

EffectiveJanuary 1, 2020 ?