In every divorce, Tennessee’s Automatic Mandatory Injunction serves to prohibit bad behavior by both parties. Even if a copy of the “Automatic Injunction” is not attached to the complaint, it is smart to consider that it is in effect. The mandatory injunction statute provides a laundry list of things the spouses can and cannot do, both inside and outside their Tennessee divorce proceedings.

In summary, the automatic injunction affects many activities. It limits 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.

Additionally, The Parties Are Prohibited From The Following:

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 emails or texts 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, non-verbally, 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 ofdomestic violence against the other party.

5. Disparaging Remarks: There are two ways that criticizing the other spouse can violate the Automatic Injunction. One, bad-mouthing the other spouse in the children’s presence. Two, bad-mouthing the other spouse in front of his or her employer.

Violating the Automatic Mandatory Injunction can lead to a contempt of court proceeding wherein the judge enforces its orders.

Our office can give you further information about filing a Petition for Contempt against the other spouse.
(or how to defend against such a petition)

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • 1 (931) 919-4376

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