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Oklahoma Summons and Notice of Automatic Temporary Injunction Form

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Oklahoma Summons and Notice of Automatic Temporary Injunction Form Page 2
Oklahoma Summons and Notice of Automatic Temporary Injunction Form
AUTOMATIC TEMPORARY INJUNCTION NOTICE
WARNING: This is an official Court Order by operation of law. It affects your rights. Read this
Notice immediately and carefully. If you do not understand it, contact a lawyer for help. Violation
of this Order may be punished by fine and/or imprisonment.
Oklahoma Statutes (43 O.S. §110) provide that upon the filing of a Petition for Divorce or Legal Separation by the Petitioner,
or upon service of the Petition and Summons on the Respondent, or upon waiver and acceptance of service by the Respondent,
an Automatic Temporary Injunction shall be in effect against both parties until the final decree is entered or the Petition is
dismissed, or until further Order of the Court unless:
(a) both parties have signed their names below agreeing to waive these Automatic Temporary Orders; or
(b) within three (3) days after service of this Summons, a party files an objection and requests a hearing with the
Court. This Automatic Temporary Injunction shall remain in force until the hearing by the Court.
Either party may apply to the Court for further temporary orders, an expanded temporary injunction, or modification or
revocation under 43 O.S. §110(A)(4).
THEREFORE, BOTH YOU AND YOUR SPOUSE ARE
RESTRAINED, ENJOINED, AND PROHIBITED FROM THE FOLLOWING:
1.
Molesting or disturbing the peace of the other party or the child(ren) of the marriage.
2.
Disrupting or withdrawing any child(ren) of this marriage from an educational facility, program, or day-care where the
child(ren) historically have been enrolled.
3.
Hiding or secreting any child(ren) of this marriage from the other party.
4.
Removing any child(ren) of this marriage beyond the jurisdiction of the State of Oklahoma, acting directly or in concert with
others, except for vacations of two (2) weeks or less duration, without the prior written consent of the other party, which
shall not be unreasonably withheld.
5.
Selling, mortgaging, encumbering, transferring, loaning, giving away, concealing or in any way disposing of, without the
written consent of the other party or an order of the Court, any marital property, except:
(A) in the usual course of operating a business;
(B) for the purpose of retaining an attorney for the case; or
(C) for the necessities of life.
Each party shall notify the other party of any proposed other expenditures, and shall account to the court for all such
expenditures made after this injunction went into effect.
6. Intentionally or knowingly damaging or destroying the tangible property of the parties, or either of them, including, but not
limited to, any document that represents or embodies anything of value.
7.
Making a withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan
or employee savings plan or from any individual retirement account or Keogh account.
8. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on either party
or their child(ren).
9. Changing or in any manner altering the beneficiary designation on any life insurance policies of either party or any of their
children.
10.
Canceling, altering, or in any manner affecting any casualty, automobile, homeowners’, or health insurance policies insuring
the parties' property or persons.
11. Opening or diverting mail addressed to the other party.
12.
Signing or endorsing the other party's name on any negotiable instrument, check, or draft, such as tax refunds, insurance
payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal
signature of the other party.
REGARDING INSURANCE, YOU AND YOUR SPOUSE ARE:
13. Ordered to maintain and keep in force all presently existing health, property, vehicle, homeowners’, life and other insurance
which you are presently carrying on any member of this family unit, or property or vehicle, and to cooperate as necessary
in the filing and processing of claims. Any employer provided health insurance currently in existence shall remain in full
force and effect for all family members.
WAIVER OF AUTOMATIC TEMPORARY INJUNCTION
Pursuant to 43 O.S. §110(A)(2)(b), the provisions of this Automatic Temporary Injunction can be waived – if both parties
agree. By my signature below, I waive the effectiveness of the foregoing Automatic Temporary Injunction. I understand this
waiver is not effective unless both parties have checked the boxes and signed below.
Dated: Dated:
G G
Signature of Petitioner Signature of Respondent
AOC APPROVED FORM Rev
Oklahoma Summons and Notice of Automatic Temporary Injunction Form
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