Requesting a Financial Restraining Order to Freeze Marital Assets in Alabama
Most individuals think of restraining orders as preventing an abusive individual from approaching their victim. Based on this, in a broader sense, restraining orders refer to any court order that may prevent someone from doing something. A financial restraining order, in the context of divorce, can be used for preventing one or both spouses from acting outside the normal course of business.
A financial restraining order will be granted by the court after reviewing the couple’s financial history. The court will determine whether the conduct of the spouses is abnormal. The restraining order will be issued for preventing the conduct from recurring.
The court decides which type of conduct can be considered destructive, manipulative, or outside the normal course of business. These are a few examples in which the court generally doesn’t delay in granting a financial restraining order:
- Closing or emptying the bank accounts
- Large transfer of funds to offshore accounts or between accounts in a bid to empty the accounts
- Hiding assets or accounts
- Removing the other spouse’s name from financial documents
- Removing the spouse’s name or changing beneficiaries on insurance policies
- Destroying assets in a vindictive move
- Giving away assets
- Large sale of assets
It is important to understand that assets in this context only refer to marital assets.
Should You Seek a Financial Restraining Order?
Divorces are anything but ideal. Even the simplest divorces can get complicated by the murky nature of emotions. Financial restraining orders essentially prohibit the spouses from taking any action outside the normal course of business.
The Court will determine the actions that are not considered to be part of the normal course of business. This will be done by examining the spouse’s financial history.
You should consider requesting a financial restraining order if a spouse has indulged in behavior that is destructive, manipulative, or outside the normal course of business. You should note that even with the issue of a financial restraining order, the spouses are allowed to use the assets for obtaining legal counsel and other things. This is considered part of the usual course of business.
A financial restraining order doesn’t necessarily freeze the couple’s financial activity. Instead, it only puts a stop to unusual activity that may prove to be detrimental to the divorce proceedings. Parties taking unusual steps for hiding their financial assets or destroying them may be subject to court sanctions if they continue to do so even after being given a restraining order. Any party can request permission from the court for using the assets for conducting ‘unusual business’ as long as they are for legitimate reasons.
Requesting an Alabama Financial Restraining Order
You will be required to demonstrate to the court that you have a reason for suspecting foul play from your ex. Your attorney will file a motion on your behalf for acquiring a restraining order. This will be based on the actions already performed by your ex. You can request a restraining order by showing the risk and likelihood of your partner performing manipulative or unfair financial behavior, such as destroying or hiding assets.
Courts are given significant discretion in determining whether a financial restraining order has to be issued or not. This is why it is necessary that you consult with a resourceful and reliable Alabama family law attorney for helping you present a strong argument for the restraining order. This will allow you to protect your assets until the divorce is finalized.
Violating an Alabama Financial Restraining Order
Any financial dealings that are not within the purview of the financial restraining order is considered to be a violation. Either spouse can file a motion with the Court against the other spouse. There may be stiff penalties if a judge catches you violating the financial restraining order. For instance, the judge may order certain assets to be held in the custody of the court or frozen. The violating spouse may also be ordered to cover the legal fee borne by the other spouse.
Talk to a Dedicated Family Law Attorney Today
The capable legal team at Alsobrook Law Group can answer all your questions regarding a financial restraining order. We have years of experience in helping spouses protect their rightful share of marital assets in a divorce. To schedule your free, no-obligation consultation, call us at 334-737-3718 or fill out this online contact form.
