Temporary Injunction - Restraining Order

Summary:  You must follow the temporary injunction while the case is pending. The initial petition and summons must include specific language which prevents both parties from changing the status quo of the relationship, including that of the minor children. Assets must not be transferred and no new debt incurred without permission.

Automatic Restraining Order in a Colorado Divorce

In Colorado, the initial petition and summons must include specific language of an automatic temporary injunction.

The purpose of the injunction is prevent either party from disturbing the peace of the other party, from wasting or changing marital assets, or from changing existing insurance coverage. It also prevents the movement of minor children from Colorado, unless permission is given.

CRS §14-10-107 requires that a notice be included in the petition and the summons that a temporary injunction is automatically in place. The temporary injunction provides that:

1. Both parties cannot transfer, encumber, conceal, or dispose of marital property without the consent of the other party or an order of the court;

2. Both parties are enjoined from molesting or disturbing the peace of the other party or the minor children;

3. Both parties are restrained from removing the minor children from Colorado, unless the consent of the other party is obtained or an order is obtained from the court;

4. Both parties are restrained, without at least 14 days notice and written consent of the other party, or an order of the court, from canceling, modifying, terminating, or allowing to lapse any policy of health insurance, homeowner’s insurance, or automobile insurance that provides coverage for either party or the minor children. The same for any life insurance that names either of the parties or the minor children as a beneficiary.

Contempt of Court if Not Follow

Any party who does not abide by the temporary injunction is subject to contempt of court, which may include jail time, a fine, and attorney fees.