Divorce can create uncertainty or instability around safety, finances, and parenting. In Maryland, one way to protect yourself during the process is to ask the court for an injunction. An injunction is a court order that either prohibits a person from taking a specific action or requires them to take a particular action. It’s often used to prevent harm or maintain stability until the divorce is finalized.
This guide covers when an injunction may be needed during a divorce, how to request one, and what role an attorney has in the process.
What Is an Injunction?
Maryland courts have the power to issue injunctions as part of divorce proceedings. Injunctions fall into several categories:
- Temporary restraining orders (TROs) are issued quickly, often without notifying the other party, to prevent immediate harm.
- Preliminary injunctions are granted after a hearing and remain in place until the divorce is resolved.
- Permanent injunctions are long-term orders issued after a case.
Under Maryland Family Law § 1‑203(a)(2), courts may grant injunctions in divorce, annulment, or alimony cases to prevent injury or harassment.
Situations That Benefit From an Injunction
Injunctions are not used in every divorce, but they can offer meaningful protection in several circumstances.
The Maryland courts provide guidance and protections for victims of domestic violence, which is one of the most urgent reasons to seek an injunction. This can be the result of a credible threat of harm to you or your children. The court can issue a restraining order or protective order that immediately limits the other person’s ability to contact you or your children, or come near your home or workplace.
Injunctions can also help preserve marital assets. If one spouse is attempting to hide, sell, or spend shared property before the court can divide it, an injunction can be issued to freeze those assets and prevent financial loss. This can include bank accounts, investments, real estate, or other high-value items.
Parents may also request an injunction to stop the other parent from taking children out of state or disrupting custody arrangements. These orders can help maintain stability for children and prevent violations of existing court agreements.
In some cases, an injunction is used to require one party to keep paying essential bills. For example, if one spouse has historically paid the mortgage or utility bills and suddenly stops, the court can order them to continue making those payments temporarily.
The Legal Process for Requesting an Injunction
To obtain an injunction in Maryland, a motion must be filed with the circuit court where the divorce is taking place. The motion should describe what the court is being asked to do, why it’s necessary, and include evidence that supports the request. This may include financial records, written communication, or documentation of threats or unsafe behavior.
If the situation involves immediate danger, the court may grant a TRO without notifying the other party. This kind of emergency relief lasts only until a court hearing can be scheduled, usually within a few days. At the hearing, both spouses will have a chance to present evidence, and the judge can decide whether to issue a longer-lasting injunction.
The court’s ability to issue injunctions is governed by Maryland Courts & Judicial Proceedings § 4‑402. Once an injunction is in place, it is legally enforceable. Violating an injunction can incur serious penalties, including contempt of court charges, fines, or even jail time.
How an Attorney Can Help
Requesting an injunction is a legal process that must be handled with precision and attention to detail. The court requires more than general concerns or verbal claims: they need clear, documented evidence. A family law attorney can help you determine if an injunction is appropriate, prepare your motion, gather supporting materials, and represent you in court.
Working with an experienced family law attorney also helps ensure that your request is focused and legally sound. Broad or overly aggressive requests may be rejected or delayed, while carefully written motions that target specific risks and case law are more likely to succeed.
If you already have an injunction in place and it’s being ignored, an attorney can help you file for enforcement or pursue a contempt action to hold the other party accountable.
Work with Milstein Siegel for Maryland Divorce Injunctions
Divorce is difficult enough without also having to worry about your safety, financial security, or parenting rights. Injunctions provide a legal way to protect yourself and your family while the divorce process moves forward. Whether you’re dealing with threats of harm, disappearing assets, or custody concerns, the courts in Maryland offer options to help you take control of the situation.
If you’re unsure whether an injunction is right for your situation, Milstein Siegel is prepared to help. Our team has extensive experience protecting clients during divorce, including filing for and enforcing injunctions when necessary.
Call us (410) 760‑9433 or contact us online to schedule a confidential consultation.