Art. 3944.Injunctive Relief In Divorce Actions; Bond Not Required In Certain Cases

An injunction generally comes with a price of entry: the party seeking it has to furnish security to cover the other side's damages if the injunction later turns out to have been wrongfully issued. Article 3944 removes that requirement for either spouse in a divorce action, letting the injunctive relief available under the referenced provisions of Title 9 of the Revised Statutes proceed without bond.

This article works alongside Article 3945, which layers additional, more detailed safeguards onto one specific kind of injunctive relief in a divorce case: an ex parte order of temporary child custody. Article 3944 addresses injunctive relief in divorce actions more broadly, without confining itself to custody matters, while still deferring to the substantive grounds and scope set out in the Title 9 provisions it cross-references.

Waiving the bond requirement removes a financial barrier that could otherwise discourage a spouse from seeking protective relief while a divorce is pending, such as an order restraining the other spouse from disposing of community assets or engaging in harassment. The exemption is specific to divorce actions under this article and does not extend generally to injunctions sought in other kinds of civil litigation.