Everyone who is familiar with the legal system has, at some point, encountered a judicial order or case that they thought was wrongly decided. In your family law case, it is very important to know how to respond to various situations, including receiving an order that you think was incorrectly decided. A recent case originating in Sarasota County, and recently considered by the Fifth District Court of Appeal, is an example of a case with an injunction that one spouse thought was improper, and the erroneous way that he dealt with it.
The case involved the divorce of a couple named Todd and Ashley. In the early portion of the case, the trial judge issued an injunction, which is a type of court order that orders the subjects to refrain from doing certain things. This injunction told the husband that he was prohibited from “selling, transferring, alienating, pledging, forfeiting, hypothecating, encumbering, mortgaging, dissipating, spending and/or purchasing, and/or concealing and/or otherwise alienating any real property, personal property, securities, cash, or other assets or income of any kind or nature in which he holds an interest.” In other words, he was barred from doing anything with any of his assets other than maintaining them in good faith.
The husband believed that the trial judge had committed a legal error in issuing this injunction and that, under the law, the prohibition should never have been put in place. So what can you do if you are the subject of an injunction that bars you from doing certain things, but you think that the injunction was illegal? You have various options, but they generally all involve utilizing the legal system, including the appellate process, to get the injunction thrown out. You do NOT, however, have the option of simply deciding that you think the order is improper under the law, and, therefore, you are going to ignore it and go ahead and do things that were included in the list of prohibitions in the injunction order.