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[Insert caption.]

EX PARTE ORDER FOR MUTUAL PRELIMINARY INJUNCTION

At a session of said Court held in the Coleman A. Young Municipal Center, City of Detroit, County of Wayne, State of Michigan, on [date].

Present: Honorable______

______Judge, Circuit Court

ON READING AND FILING the Complaint of the Plaintiff and Petition for ex-parte relief, and the Court being fully advised in the premises;

IT IS ORDERED:

Plaintiff, JANE DOE, and Defendant, JOHN DOE, and/or his or her officers, agents, servants, employees, attorneys, assigns, and persons in active concert or participation with him who receive actual notice of this order by personal service or otherwise, desist and refrain from:

1. Surrendering, borrowing upon, using as collateral security, withdrawing the cash surrender value of, selling, assigning, modifying, transferring, changing the beneficiary or beneficiaries of, or otherwise altering or causing any change to be made in any policy of life insurance, annuity, homeowners, health insurance or motor vehicle policies which either party owns or controls (individually or as trustee) or in which the parties have any rights or interest (legal or equitable) as owner, beneficiary, insured or otherwise, or allowing said policies to lapse for non-payment;

2. Surrendering, redeeming, cashing in, withdrawing, assigning, modifying, transferring or encumbering the interest in any pension plans, retirement, profit sharing, bonus, savings, 401(k), Individual Retirement Account or stock purchase program in which the parties have any interest or in which either party participates, or any other business entity, or changing the beneficiary or beneficiaries of the programs of any other benefit payable by reason of their employment in the event of death, disability, retirement or termination. This shall include any action by either party which results in a decreased ability to pay, or increases a need for support or family expenses;

3. Regarding personal assets: Concealing, secreting, selling, cashing in, destroying, encumbering, assigning, transferring (including transfers to themselves or to any other person as trustee, guardian or nominee), conveying, destroying, mortgaging or otherwise disposing of or encumbering any of either party’s assets ( real or personal, tangible or intangible) or any interest therein (legal or equitable), including but not limited to: stocks, bonds, partnership and business ventures, or other securities, cash, savings accounts, checking accounts, vehicles, valuables contained in safe deposit boxes or any other assets or business interests, household furniture, or furnishings, without the prior order of the court, provided, however, that the parties may withdraw funds from their account(s) for necessities and otherwise only in the ordinary course of business and/or for attorney fees;

4. Regarding business assets: Concealing, secreting, selling, cashing in, destroying, encumbering, assigning, transferring (including transfers to themselves or to any other person as trustee, guardian or nominee), conveying, destroying, mortgaging or otherwise disposing of or encumbering any of either party’s business assets ( real or personal, tangible or intangible) or any interest therein (legal or equitable), including but not limited to: corporate stocks, bonds, partnership and business ventures, or other securities, cash, savings accounts, checking accounts, vehicles, business equipment, business vehicles or any other business interests except in the ordinary course of business without the prior order of this court;

5. Removing or causing the removal of all or any part of any of the household furniture, furnishings, or equipment from the marital home of the parties located at insert address; and/or from any other residence, property or location anywhere in the world, in which either party has any interest or which is under their control;

6. Incurring any extraordinary debt and/or causing joint credit cards and other forms of credit to create any debt which will significantly reduce the net value of the marital estate, create a liability against the Plaintiff or Defendant, or harm either party’s credit, or obligate or encumber any of the marital property.

7. Concealing, damaging, destroying, or otherwise disposing of any computer files, programs, transaction records, disks, tapes, CD-ROMs, or other electronic compilation of information in his or her possession or control.

8. The Plaintiff and Defendant shall not directly or indirectly conceal from each other or destroy any family records, business records, or any records of income, debt, or other obligations;

9. The Plaintiff and Defendant shall not directly or indirectly change their estate plans or wills during the pendency of this action;

10. Excluded from this injunction are those transfers required for the necessities of life and those needed in the normal transaction of business;

11. This injunction may be lifted for any individual purpose upon the mutual agreement of the parties. Such agreement shall be in writing and signed by both parties and their attorneys.

This order does not prevent either party from providing for the necessities of life for Plaintiff or Defendant out of current income or disposing or using the assets consistent with past practice. However, both Plaintiff and Defendant shall notify the other before taking any extraordinary actions.

This order becomes effectively immediately on entry on any party who consents to its entry or is present or represented at a hearing at which it is entered. This order becomes effective on all other parties when they receive actual notice of it by personal service or otherwise.

No bond is required because the parties are married to each other.

NOTICE

1. You may file a written objection to the order or a motion to modify or rescind the order. This order will automatically become a temporary order if you do not file a written objection or motion to modify or rescind the ex parte order and a request for a hearing.

2. The written objection or motion must be filed with the clerk of the court, and a true copy of the objection or motion must be provided to the Friend of the Court and the party who obtained the order and all other parties within 14 days after you were served with the order.

3. If there is a timely objection or a motion and request for a hearing, the hearing must be held within 21 days after the objection or motion and request are filed.

4. This Ex Parte Order for Mutual Preliminary Injunction will remain in effect and must be obeyed unless changed by a later order of the court. Any change that occurs after the hearing on the objection or motion may be made retroactive to the date that this order was entered.

______
Judge, Circuit Court

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