Rule 109.Injunction in certain domestic relations cases
Part XII: Family Law · Last amended May 1, 2026 · Last verified July 13, 2026
Full Text of Rule 109
Amendment History
Added effective January 1, 2020; January 1, 2021; May 1, 2026.
Plain-English Summary
The moment a petition for divorce, annulment, temporary separation, custody, parent time, support, or parentage is filed, Rule 109 puts an injunction in place without either party having to ask for it. The point is to freeze the status quo while the case is pending, so that filing for divorce doesn't become a race to drain accounts, cancel insurance, or upend the household before a judge weighs in. The injunction binds the petitioner as soon as the petition is filed, and it binds the respondent once they've been served with a copy of it — the court serves the petitioner at filing, and the petitioner has to get a copy to the respondent through any means reasonably calculated to give notice.
The restrictions cover the ground you'd expect. Neither party can transfer, hide, or encumber property outside the normal course of business without the other's consent or a court order. Neither can harass or intimidate the other, commit domestic violence or abuse, misuse the other's identity to open accounts or obtain credit, cut off shared services, or let insurance lapse without consent. When a minor child is involved, additional rules kick in: neither parent can travel with the child without notice or consent, badmouth the other parent in front of the child, try to sway the child's custody preference, or use the child as a messenger for parent-time arrangements — and a parent has to make a real effort to stop third parties from doing what the parents themselves are barred from doing. The injunction runs until the final decree, a dismissal, a signed agreement between the parties, or a further court order, and either party can move to modify or dissolve it — quickly, if no responsive pleading has been filed yet, or under the ordinary motion procedures of Rule 7 or Rule 101 once one has been. A separate order covering the same ground — a protective order, for instance — controls over any conflicting provision here.
Frequently Asked Questions
When does the Rule 109 injunction take effect?
For the petitioner, immediately upon filing the initial petition. For the respondent, once they've received a copy of the injunction as entered by the court — the petitioner is responsible for getting it to them through any means reasonably calculated to provide notice.
Do I need to ask the court for this injunction?
No. It enters automatically in actions for divorce, annulment, temporary separation, custody, parent time, support, or parentage, unless the court orders otherwise.
What does the injunction stop me from doing with property?
If the case involves dividing property, neither party can transfer, hide, encumber, or dispose of property without the other's written consent or a court order — except for ordinary business dealings or covering necessities of life.
What protections apply specifically when children are involved?
Neither parent can travel with the child without giving notice or getting consent, disparage the other parent in front of the child, try to influence the child's custody preferences, or route parent-time arrangements through the child. A parent also has to make a real effort to keep third parties from doing what the parents themselves cannot do.
How long does the injunction last?
Until the final decree is entered, the petition is dismissed, the parties agree in writing to end it, or the court orders otherwise.
Can the injunction be changed or lifted?
Yes. Either party can move to modify or dissolve it. If no responsive pleading has been filed yet, the court handles the motion as quickly as possible, with at least 48 hours' notice to the other side. Once a responsive pleading is on file, the motion follows the ordinary procedures under Rule 7 or Rule 101.
Does this injunction override a protective order already in place?
No. A separate order governing the parties or their children controls over any conflicting term of this injunction.