Arizona Revised Statutes

Ariz. Rev. Stat. § 25-315 (2026)

Preliminary injunction; effect

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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 this state 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.

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.

You or your spouse may file a certified copy of this order with your local law enforcement agency. A certified copy may be obtained from the clerk of the court that issued this order. If you are the person that brought this action, you must also file evidence with the law enforcement agency that this order was served on your spouse.

This court order is effective until a final decree of dissolution, legal separation or annulment is filed or the action is dismissed.

B. The preliminary injunction is effective against the petitioner when the petition is filed and against the respondent on service of a copy of the order or on actual notice of the order, whichever is sooner. If service is by registered mail under the Arizona rules of family law procedure, the order is effective on receipt of the order. The order remains effective until further order of the court or the entry of a decree of dissolution, legal separation or annulment.

C. At the time of filing the petition for dissolution, legal separation or annulment, the copies of the preliminary injunction shall be issued to the petitioner or the agent, servant or employee filing the petition for dissolution, legal separation or annulment. The petitioner is deemed to have accepted service of the petitioner's copy of the preliminary injunction and to have actual notice of its contents by filing or causing to be filed a petition for dissolution, legal separation or annulment. The petitioner shall cause a copy of the preliminary injunction to be served on the respondent with a copy of the summons and petition for dissolution, legal separation or annulment.

D. The preliminary injunction has the force and effect of an order of the superior court signed by a judge and is enforceable by all remedies made available by law, including contempt of court.

E. In a proceeding for dissolution of marriage, for legal separation, for annulment or for maintenance or support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, either party may move for an order for equal possession of the liquid assets of the marital property, temporary maintenance or temporary support of a child, natural or adopted, common to the parties entitled to support. The court shall provide for an order for equal possession of the liquid assets of the marital property that existed as of the date the petition for dissolution or legal separation or annulment was served, unless the court finds that there is good cause not to divide those assets. The court's division of liquid assets held by financial institutions does not invalidate applicable law or any provision of an account agreement that assesses penalties against the account holder for premature or unscheduled withdrawals of account funds. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested and, if appropriate, the liquid assets of the parties. An order for equal possession of the liquid assets of the marital property does not prejudice any final division of the marital community. This subsection does not eliminate the application of the preliminary injunction.

F. A person who disobeys or resists an injunction issued pursuant to subsection A, paragraph 1, subdivision (b) of this section is subject to arrest and prosecution for interference with judicial proceedings pursuant to section 13-2810 and the following procedures apply:

1. Any party may cause a certified copy of the injunction and return of service on the other party to be registered with the sheriff having jurisdiction of the area in which the party resides. The party originally registering the injunction shall register any changes or modifications of the injunction with the sheriff. For enforcement by arrest and prosecution for interference with judicial proceedings, a certified copy of the injunction, whether or not registered with the sheriff, is presumed to be a valid existing order of the court until a final decree of dissolution, legal separation or annulment is entered or the action for dissolution or legal separation is dismissed.

2. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that an offense under this subsection has been committed and has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to arrests made pursuant to this subsection.

3. A peace officer making an arrest pursuant to this subsection is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.

4. A person who is arrested pursuant to this subsection may be released from custody in accordance with the rules of criminal procedure or other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

Notes of Decisions

Cited in 66 cases (16 in the last 5 years), 1956–2026 · leading case: Sample v. Sample, 731 P.2d 604 (Ariz. Ct. App. 1986).

Sort: Relevance Newest Treatment

Sample v. Sample, 731 P.2d 604 (Ariz. Ct. App. 1986). · cites it 12× “It is our belief that husband’s knowledge of wife’s community property claim constitutes justification for the trial court’s order.”

Lonergan v. Strom, 700 P.2d 893 (Ariz. Ct. App. 1985). · cites it 12× “A preliminary injunction issued in that action directed to both husband and wife pursuant to A.R.S. § 25-315 subd. A, par. 1(a) provided in pertinent part: IT IS ORDERED that during the pendency of this action YOU, PETITIONER AND RESPONDENT NAMED ABOVE, as parties to this case,…”

Femiano v. Maust, 463 P.3d 237 (Ariz. Ct. App. 2020). · cites it 4× “See A.R.S. § 25-315(A)(1)(a), (5). But the preliminary injunction only prohibited sale of “joint, common or community property,” A.”

Maximov v. Maximov, 205 P.3d 1146 (Ariz. Ct. App. 2009). · cites it 5× “4 ¶7 Temporary maintenance and support are authorized and governed by A.R.S. § 25-315 (Supp.2007). Unlike § 25-327, § 25-315 does not prohibit the court from setting the effective date of a modification to temporary family support to a date prior to the date of filing a petition…”

Cardinal & Stachel, PC v. Curtiss, 238 P.3d 649 (Ariz. Ct. App. 2010). · cites it 4× “Reading § 25-315 as broadly as the law firm urges essentially would render the “benefit” requirement of § 25-215(D) meaningless.”

Lambertus v. Hon. porter/day-strange, 332 P.3d 608 (Ariz. Ct. App. 2014). · cites it 8× “She then filed a motion for a temporary order, asserting that under A.R.S. § 25-315 the trial court had authority to enter such an order and it was in Child’s best 6 LAMBERTUS v.”

Green v. Nygaard, 143 P.3d 393 (Ariz. Ct. App. 2006). · cites it 2× “See A.R.S. § 25-315(F)(l) and (3) (a temporary order in a dissolution proceeding “does not prejudice the rights of the parties .”

Kingsbery v. Kingsbery, 379 P.2d 893 (Ariz. 1963). · cites it 4× “Section 25-315, A.R.S. reads as follows: “During pendency of an action for divorce, the court may in its discretion require the husband to pay as alimony money necessary for prosecution of the *226 action, or for attorney’s fees, or for support and maintenance of the wife or…”

Lindsay v. Lindsay, 565 P.2d 199 (Ariz. Ct. App. 1977). · cites it 2× “When the appellant became aware of the sale through information received from a friend, she filed a petition pursuant to A.R.S. § 25-315 B seeking to have the husband restrained from disposing of the aircraft’s sale proceeds except in the usual course of business or for…”

Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). “§ 25-315(A)(1)(a)]. (Emphases added.) ¶17 As applied here, under A.”

Saxon v. Riddel, 493 P.2d 127 (Ariz. Ct. App. 1972). · cites it 6× “The second applicable statute and the one relied upon by respondents is A.R.S. § 25-315. This statute, in addition to allowing the court during the pendency of the action to make orders for alimony, support, and attorneys fees, provides: “The court may make temporary orders…”

Barnett v. Barnett, 388 P.2d 433 (Ariz. 1964). · cites it 5× “A.R.S. § 25-315 permits allowance of attorney fees during pendency of a divorce action.”

Show all 66 citing cases →

— Ariz. Rev. Stat. § 25-315(A) — 4 cases

Sample v. Sample, 731 P.2d 604 (Ariz. Ct. App. 1986). “It is our belief that husband’s knowledge of wife’s community property claim constitutes justification for the trial court’s order.”

Little v. Superior Court, 884 P.2d 214 (Ariz. Ct. App. 1994).

Downum v. Downum (Ariz. Ct. App. 2016).

Parmeley v. Carr (Ariz. Ct. App. 2020).

— Ariz. Rev. Stat. § 25-315(A)(1) — 1 case

Ramsay v. Wheeler-ramsay, 232 P.3d 1249 (Ariz. Ct. App. 2010).

— Ariz. Rev. Stat. § 25-315(A)(1)(a) — 11 cases

Femiano v. Maust, 463 P.3d 237 (Ariz. Ct. App. 2020). “See A.R.S. § 25-315(A)(1)(a), (5). But the preliminary injunction only prohibited sale of “joint, common or community property,” A.”

Hammett v. Hammett, 453 P.3d 1145 (Ariz. Ct. App. 2019). “§ 25-315(A)(1)(a)]. (Emphases added.) ¶17 As applied here, under A.”

Sample v. Sample, 731 P.2d 604 (Ariz. Ct. App. 1986). “It is our belief that husband’s knowledge of wife’s community property claim constitutes justification for the trial court’s order.”

Birdsell v. Petersen (In Re Petersen), 437 B.R. 858 (D. Ariz. 2010).

Cardinal & Stachel, PC v. Curtiss, 238 P.3d 649 (Ariz. Ct. App. 2010). “Reading § 25-315 as broadly as the law firm urges essentially would render the “benefit” requirement of § 25-215(D) meaningless.”

— Ariz. Rev. Stat. § 25-315(A)(2) — 1 case

Muhammad v. Muhammad (Ariz. Ct. App. 2023).

— Ariz. Rev. Stat. § 25-315(A)(4) — 1 case

Van Emmerik v. Colosi, 972 P.2d 1034 (Ariz. Ct. App. 1998).

— Ariz. Rev. Stat. § 25-315(A)(5) — 1 case

Budziszewski v. budziszewski/campbell (Ariz. Ct. App. 2022).

— Ariz. Rev. Stat. § 25-315(A)(l)(a) — 1 case

— Ariz. Rev. Stat. § 25-315(B) — 1 case

Sharp v. Sharp, 877 P.2d 304 (Ariz. Ct. App. 1994).

— Ariz. Rev. Stat. § 25-315(C)(1) — 1 case

State v. Coulter, 339 P.3d 653 (Ariz. Ct. App. 2014).

— Ariz. Rev. Stat. § 25-315(D) — 1 case

Kennedy Johnson v. Payne (Ariz. Ct. App. 2014).

— Ariz. Rev. Stat. § 25-315(E) — 6 cases

Little v. Superior Court, 884 P.2d 214 (Ariz. Ct. App. 1994).

Cunnington v. Hon fisk/cunnington (Ariz. Ct. App. 2022).

Defrancesco v. Defrancesco (Ariz. Ct. App. 2019).

Andaloro v. Andaloro (Ariz. Ct. App. 2021).

Ferrill v. Ferrill, 514 P.3d 292 (Ariz. Ct. App. 2022).

— Ariz. Rev. Stat. § 25-315(F) — 3 cases

Maximov v. Maximov, 205 P.3d 1146 (Ariz. Ct. App. 2009). “4 ¶7 Temporary maintenance and support are authorized and governed by A.R.S. § 25-315 (Supp.2007). Unlike § 25-327, § 25-315 does not prohibit the court from setting the effective date of a modification to temporary family support to a date prior to the date of filing a petition…”

Rychlik v. Sodergren (Ariz. Ct. App. 2020).

Bourke v. Bourke (Ariz. Ct. App. 2015).

— Ariz. Rev. Stat. § 25-315(F)(1) — 4 cases

Perkins v. Perkins (Ariz. Ct. App. 2019).

Farrell v. Myers (Ariz. Ct. App. 2022).

Brucklier v. Brucklier, 516 P.3d 526 (Ariz. Ct. App. 2022).

Green v. Green (Ariz. Ct. App. 2006).

— Ariz. Rev. Stat. § 25-315(F)(2) — 5 cases

Runyard v. Runyard (Ariz. Ct. App. 2017).

Cavness v. Wilson (Ariz. Ct. App. 2020).

Andaloro v. Andaloro (Ariz. Ct. App. 2021).

Greenboom v. Ran (Ariz. Ct. App. 2025).

Bourke v. Bourke (Ariz. Ct. App. 2015).

— Ariz. Rev. Stat. § 25-315(F)(4) — 9 cases

Huver v. Huver (Ariz. Ct. App. 2019).

Aguiniga v. Aguiniga (Ariz. Ct. App. 2022).

Vasquez v. Vasquez (Ariz. Ct. App. 2022).

Aguiniga v. Aguiniga (Ariz. Ct. App. 2022).

Burton-Anderson v. Anderson (Ariz. Ct. App. 2016).

— Ariz. Rev. Stat. § 25-315(F)(l) — 1 case

Green v. Nygaard, 143 P.3d 393 (Ariz. Ct. App. 2006). “See A.R.S. § 25-315(F)(l) and (3) (a temporary order in a dissolution proceeding “does not prejudice the rights of the parties .”

— Ariz. Rev. Stat. § 25-315(G)(5) — 1 case

Little v. Superior Court, 884 P.2d 214 (Ariz. Ct. App. 1994).

— Ariz. Rev. Stat. § 25-315(a) — 1 case

Lonergan v. Strom, 700 P.2d 893 (Ariz. Ct. App. 1985). “A preliminary injunction issued in that action directed to both husband and wife pursuant to A.R.S. § 25-315 subd. A, par. 1(a) provided in pertinent part: IT IS ORDERED that during the pendency of this action YOU, PETITIONER AND RESPONDENT NAMED ABOVE, as parties to this case,…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.