What is Joint Preliminary Injunction?

The purpose of the Joint Preliminary Injunction is to prevent the transferring, selling, concealing, or any other improper use of joint property.

When does the Joint Preliminary Injunction begin and how long does it stay in effect?

It becomes effective when the Court issues the Injunction. This is usually at the same time as the Complaint and Summons are served to the parties involved. It remains in effect until the Judge inactivates it or a decree of divorce is entered or there is a final judgment made.

What is the law?

RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

Rule 5.85. FAMILY DIVISION MATTERS; GUARDIANSHIPS

  • (a) At any time prior to the entry of a decree of divorce or final judgment and upon the request of either party in a family relations proceeding, a preliminary injunction will be issued by the clerk against both parties to the action enjoining them and their officers, agents, servants, employees or a person in active concert or participation with them from:
    • (1) Transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties or any property which is the subject of a claim of community interest, except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the court.
    • (2) Molesting, harassing, stalking, disturbing the peace of or committing an assault or battery on the person of the other party or any child, step-child or any other relative of the parties.
    • (3) Removing any child of the parties then residing in the State of Nevada with an intent or effect to deprive the court of jurisdiction as to the child without the prior written consent of all the parties or the permission of the court.
  • (b) The joint preliminary injunction will be automatically effective against the party requesting it at the time it is issued and effective upon all other parties upon service. The injunction is enforceable by all remedies provided by law including contempt.
  • (c) Once issued, the joint preliminary injunction will remain in effect until a decree of divorce or final judgment is entered or until modified or dissolved by the court.

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