injunction violation

[5ngle&r3dy2mng|]

What is the name of your state? Arizona

My used to be wife purposely violated the preliminary injunction by sending the children out of state to California for Christmas. they currently reside with her because she filed an order of protection against me which i have appealed to and lost. she cited something back in 96 that i told the judge was all made up. Back to the violattion, the kids returned after 2 weeks she said that i was aware and indeed i was "when we were Married and living together" i was in accordance with the children visiting there grandma in California. The violation was committed after the dissolution of marriage paperwork was was filed with the clerk!
My question is ... I want to get her for contempt! and put the black hat on her. What is the maximum purge amount that Arizona charges ?

I am a mortgage ad visor and have made my living on 100% commission the last 2 years. I made 6 figure income but this last year 07 did not go very well made about 15k at the most. I am still in the industry...hopefully it will pick up! If i tell the judge this very thing what might be his response in regards to CS?

[wileybunch]

Explain to me why exactly it is visiting California on vacation/holiday would be contempt?

[LdiJ]

Originally Posted by 5ngle&r3dy2mng|

What is the name of your state? Arizona

My used to be wife purposely violated the preliminary injunction by sending the children out of state to California for Christmas. they currently reside with her because she filed an order of protection against me which i have appealed to and lost. she cited something back in 96 that i told the judge was all made up. Back to the violattion, the kids returned after 2 weeks she said that i was aware and indeed i was "when we were Married and living together" i was in accordance with the children visiting there grandma in California. The violation was committed after the dissolution of marriage paperwork was was filed with the clerk!
My question is ... I want to get her for contempt! and put the black hat on her. What is the maximum purge amount that Arizona charges ?

I am a mortgage ad visor and have made my living on 100% commission the last 2 years. I made 6 figure income but this last year 07 did not go very well made about 15k at the most. I am still in the industry...hopefully it will pick up! If i tell the judge this very thing what might be his response in regards to CS?

If by any chance you believe that an injunction from removing the children from the home state, also means that they are prohibited from vacationing out of state, then you are incorrect. You try to hold her in contempt for that and the judge will hit you hard for that one. You are likely to end up being the one paying her attorney fees.

However, if she denied you your scheduled holiday time by doing so, then that's a different story.

[5ngle&r3dy2mng|]

Originally Posted by LdiJ

If by any chance you believe that an injunction from removing the children from the home state, also means that they are prohibited from vacationing out of state, then you are incorrect. You try to hold her in contempt for that and the judge will hit you hard for that one. You are likely to end up being the one paying her attorney fees.

However, if she denied you your scheduled holiday time by doing so, then that's a different story.

on the prelim injunction notice it clearly states that neither parent cannot send the children out of state w/o other parent's consent or court order. She does not even have or encourage the children to call me. Which is encouraged in the parenting classes one takes. I havent seen my children for almost 1 month!

the divorce date is not even set yet. Any responses on the Income ?

[Ohiogal]

Originally Posted by 5ngle&r3dy2mng|

on the prelim injunction notice it clearly states that neither parent cannot send the children out of state w/o other parent's consent or court order. She does not even have or encourage the children to call me. Which is encouraged in the parenting classes one takes. I havent seen my children for almost 1 month!

What is the EXACT wording on the prelim injunction.

[LdiJ]

Originally Posted by 5ngle&r3dy2mng|

on the prelim injunction notice it clearly states that neither parent cannot send the children out of state w/o other parent's consent or court order. She does not even have or encourage the children to call me. Which is encouraged in the parenting classes one takes. I havent seen my children for almost 1 month!

the divorce date is not even set yet. Any responses on the Income ?

Like OG said, give us the exact wording, word for word. I can almost guaranteed its an injunction from moving the children out of state, not from vacationing out of state.

[Ohiogal]

Originally Posted by LdiJ

Like OG said, give us the exact wording, word for word. I can almost guaranteed its an injunction from moving the children out of state, not from vacationing out of state.

I can pretty much agree but want the wording to verify it.

[tuffbrk]

I agree. Just thinking it's a pretty long vacation!

[5ngle&r3dy2mng|]

here is exactly what a preliminary injunction states in Arizona :
here is link
h**p://forms.lp.findlaw.com/form/courtforms/state/az/az000025.pdf
i file a complaint and not a motion to show cause shown here
h**p://www.uslegalforms.com/samples/AZ/AZ-DR-1-CT.pdf

[LdiJ]

Originally Posted by 5ngle&r3dy2mng|

here is exactly what a preliminary injunction states in Arizona :
here is link
h**p://forms.lp.findlaw.com/form/courtforms/state/az/az000025.pdf
i file a complaint and not a motion to show cause shown here
h**p://www.uslegalforms.com/samples/AZ/AZ-DR-1-CT.pdf

We are all volunteers here. We asked you to type out exactly what your injunction said. We did not ask for a link to a generic form.

If you want any further help from us, type out HERE, exactly what your injunction says. Exactly what your judge ordered.

[5ngle&r3dy2mng|]

Originally Posted by LdiJ

We are all volunteers here. We asked you to type out exactly what your injunction said. We did not ask for a link to a generic form.

If you want any further help from us, type out HERE, exactly what your injunction says. Exactly what your judge ordered.

Here it is :
25-315 . Temporary order or preliminary injunction; effect

A. In all actions for dissolution of marriage, for legal separation or for annulment, the clerk of the court shall pursuant to order of the superior court issue a preliminary injunction in the following manner:

1. The preliminary injunction shall be directed to each party to the action and contain the following orders:

(a) That both parties are enjoined from transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties except if related to the usual course of business, the necessities of life or court fees and reasonable attorney fees associated with an action filed under this article, without the written consent of the parties or the permission of the court.

(b) That both parties are enjoined from :

(i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.

(ii) Removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.

(iii) Removing or causing to be removed the other party or the children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile and disability insurance.

(c) That both parties shall maintain all insurance coverage in full force and effect.

2. The preliminary injunction shall include the following statement:

"Warning

This is an official court order. If you disobey this order the court may find you in contempt of court. You may also be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

When i found out through a relative of mine that she had purposely violated this order; I filed with the court : "A Preliminary Injunction Complaint" something that i just titled and submitted it . when In fact I should of filed a the appropriate form called a " "Motion to show cause".what Would you folks recommend or comment that I should still file this Order? The kids are back, but it is the principle as i have obeyed everything on my end from turning in my handgun to obeying the B$h|t "order of protection" total joke! the judge ruled, after my appeal to modify or remove, to keep the order in place. She made her decision for that; based on a made up incident the ex claimed happened in 1986 .Nothing has happened since we got married. Btw this order was filed the same day she submitted the divorce paperwork.

Thanks guys .. I realize that this is a voluntary and all help is appreciated.

[LdiJ]

She didn't violate the injunction. A vacation does not count as removing the children from the jurisdiction of the court. Taking the children out of state and not bringing them back is what violates the injunction. You are really spinning your wheels with that one.

[Golfball]

Originally Posted by 5ngle&r3dy2mng|

(b) That both parties are enjoined from :

(i) Molesting, harassing, disturbing the peace of or committing an assault or battery on the person of the other party or any natural or adopted child of the parties.


(ii) Removing any natural or adopted child of the parties then residing in Arizona from the jurisdiction of the court without the prior written consent of the parties or the permission of the court.

*excess snipped*

I doubt that your posting was your order typed character by character, which is what you were asked to do. So my remarks may be inaccurate.

That being said...

I'm assuming you are contending that the vacation violated the above cited (and bolded) provision, please correct me if I'm wrong. If this is the case:

A (temporary) vacation outside the state would NOT be violating that provision of the court order. Temporary presence outside the jurisdiction of the domicile does not automatically confer general jurisdiction over the person (with some very limited exceptions) to the new state, nor does it strip the home state of any of its jurisdiction. (And this is supported in Arizona case law, as well as case law of other states.) The relevant statutes focus on whether a person has actually changed their residence, and this is also supported by Arizona case law.

To argue that temporary presence outside the state both strips the old state of its jurisdiction and confers general personal jurisdiction to the new state would lead to some truly bizarre decisions. (Edit: If you did decide to pursue this, the court transcripts and probably resulting appellate opinion(s) would make for interesting reading, but from what I can tell, it's not a novel question of law.)

[5ngle&r3dy2mng|]

thank you .