A Joint Preliminary Injunction (“JPI”) is a standardized court order which can be issued in family law cases. A JPI protects all parties from depletion of community property, maintains jurisdiction of minor children and restricts harassment of family members and parties. A JPI is effective upon service.
In Clark County, JPI’s are authorized pursuant to Eighth Judicial Court Rule (“EDCR”) 5.703. Pursuant to EDCR 5.703, a JPI may issue upon the request of any party. A JPI becomes enforceable as soon as served upon the opposing party, and the JPI will generally remain in effect until a decree of divorce or final judgment is entered.
Although a JPI is not mandatory, it is recommended in most situations as it will prohibit and restrain both parties from engaging in certain conduct in the three (3) following areas.
1) Protection of Community Property
Neither party may transfer, sell or dispose of any joint, common or community property while the JPI is in effect.
2) Prevention of Harassment
Neither party may molest, harass, stalk or assault any other party to the action, including children, step-children or other relatives.
3) Safeguarding Children’s Interests
Neither party may remove any child of the parties residing in Nevada from the Court’s jurisdiction during pendency of action.
Additional Safeguards for a “Vulnerable” Spouse
A JPI can serve as an important safeguard for a “vulnerable” spouse against a “controlling” spouse, offering several key benefits.
A) Immediate Protection/Reduces Emotional and Financial Control.
Service of a JPI immediately establishes an enforceable court order aimed at maintaining the “status quo.” This reduces a “controlling” spouse’s ability to manipulate the situation via threats or financial abuse. This also reduces anxiety upon the “vulnerable” spouse as the burden of proof for any violation is clearly set upon the alleged violator. This removes most emotional barriers and establishes objective relief for the vulnerable spouse.
B) Creation of Enforceable Boundaries.
Controlling spouses thrive on manipulation and have no regard for the personal boundaries of a vulnerable spouse. A JPI shifts appropriate personal boundaries to the court to enforce instead of amongst the parties. For a vulnerable spouse, this can alleviate a tremendous amount of stress and anxiety. Boundaries become objective court-ordered mandates and not personal needs subject to manipulation. Further, the vulnerable spouse no longer needs to argue or engage verbally to protect his/her interests. Violations of the JPI are objective and violations are enforceable in a straight-forward manner, and the Court has several remedies including contempt of Court- monetary sanctions, incarceration of a Party and/or attorney fees.
C) Shifting Power from the Controlling Spouse to the Court.
Controlling spouses rely on a power imbalance and intimidation to get what they want. When filing for divorce, a vulnerable spouse threatens the control established throughout the marriage. This inevitably triggers the controlling spouse to resort to various forms of manipulation and domination to regain control of the situation.
A JPI can be extremely beneficial to “level the playing field” by preventing a spouse from resorting to harassment and manipulation to regain control. The JPI puts a neutral party who is not susceptible to manipulation in the authority position. Violations are objective and documented and can help show a pattern of abuse to the court with nominal effort needed to “prove” abuse.
Conclusion
Overall, issuance of a JPI is beneficial for all parties in most cases for dissolution of marriage. Although optional, Nevada makes the process straight forward and incorporates a standard order. The JPI protects important interests for all parties subject to a dissolution of marriage but has many additional benefits for a “vulnerable” spouse as outlined above.
In essence, a JPI can greatly reduce emotional tension and stress, allowing parties to focus on objective compliance rather than manipulated conflict.