Effect of Utah’s Automatic Domestic Relations Injunction on Behavior

On previous pages we discussed the financial effects of Utah’s Domestic Automatic Injunction. Now let’s discuss the effect of the rule on the parties’ behavior between them and their children. To start with Rule 109 (a)(b)(1) is found under the financial issues, beginning with (b)(2) the rule discusses behavior of the parties.

Rule 109, Injunction in certain domestic relations cases

1. 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.
2. General provisions.
   1. Neither party may, through electronic or other means, disturb the peace of, harass, or intimidate the other party.
   2. Neither party may commit domestic violence or abuse against the other party or a child.
   3. 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.
   4. Neither party may cancel or interfere with telephone, utility, or other services used by the other party.
   5. 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.

These provisions are in place to help the parties understand that they may not unilaterally make decisions and take actions that may temporarily or permanently injure the other party without an order from the court, or a written agreement between the parties. For example, before the divorce is final, a party may not cancel the utilities at the marital home, even if the utilities are in their name and they are no longer living in the home. Another example, a party may not cancel health insurance they are paying for their soon-to-be-ex-spouse before the decree of divorce is entered, even if the insurance company will not allow the ex-spouse to be on that parties’ insurance once the divorce is final.

3. 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.

The Injunction’s provisions regarding children are very similar to some of the parenting guidelines to be included in most divorce decrees, when the parties have minor children. As you can see, these provisions are in place to protect children. These provisions also try to help parents understand and follow behavior that will keep the other parent informed of where the children are when one of the parties is traveling with them.

4. 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.

This Domestic Automatic Injunction is served on the petitioning party (party who initiates the divorce proceedings) at the time the petition is filed, and on the other party by the petitioner along with the petition for divorce and summons.

5. 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.
6. 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.
7. 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.
8. Separate conflicting order. Any separate order governing the parties, or their minor children will control over conflicting provisions of this injunction.
9. Applicability. This rule applies to all parties other than the Office of Recovery Services.

The Domestic Automatic Injunction is binding on the parties and if a party violates this court order, the court can hold the party in contempt and order sanctions against them. The injunction terminates when the final decree is signed by the judge, or in other words, is entered by the court. The parties are free to reach an agreement in writing to modify or dismiss parts of the injunction before the decree is signed.