Note: This is a request for TRO regarding dissipation of retirement assets.

______, / * / IN THE
Plaintiff / * / CIRCUIT COURT
vs. / * / FOR
______, / * / ______County
Defendant / * / CASE NO: ______
***** / * / **** *

PETITION FOR EMERGENCY TEMPORARY RESTRAINING ORDER and PRELIMINARY INJUCTIVE RELIEF

TO THE HONORABLE, THE JUDGE OF SAID COURT:

[Plaintiff’s name], Plaintiff, by and through her attorneys, [attorney’s name]and[attorney’s firm], hereby files this Petition for Emergency Temporary Restraining Order and Preliminary Injunctive Relief and, in support thereof, respectfully represents:

  1. The parties were married by a [religious or civil] ceremony in [county and state], on [date].
  2. The parties began to live separate and apart from one another on or [date] and since thenhave lived separate and apart without cohabitation and without interruption.
  3. On or about [date],the Plaintiff filed for a Complaint for Absolute Divorce on the grounds of adultery, cruelty, and excessively vicious conduct.
  4. This matter is currently set for a pre-trial conference on [date].
  5. The Plaintiff has learned that the Defendant voluntarily terminated his employment as a [job] with [employer] on [date], and that he has requested that all of his accumulated pension funds be released to him.
  6. A representative at the [employer] informed the Plaintiff that it will take approximately thirty to forty days to process the Defendant’s request for the release of his accumulated pension funds. On [date], thirty days will have elapsed since the Defendant terminated his employment.
  7. A representative at the [employer] further informed the Plaintiff that it is not necessary for her to sign a waiver in order for the Defendant to receive his pension monies.
  8. The Defendant has worked for the [employer] for approximately eight years, all of which was during the marriage.
  9. The pension monies acquired by the Defendant during the term of his employment with the [employer] are marital property. Deering v. Deering, 292 Md. 115 (1981).
  10. In connection with her complaint for absolute divorce, the Plaintiff’s seeks her share of the marital portion of the Defendant’s pension.
  11. The Defendant’s recent behavior demonstrates a general disregard for the welfare of his family and ill will toward the Plaintiff based upon the following:
  12. Defendant not paid the mortgage on the family home at [address] since [date], though the home is still occupied by the Plaintiff and the minor children; the home is currently the subject of foreclosure proceedings;
  13. The Defendant has failed to pay child support payments as required by the Pendente Lite Order entered by this Court on [date], and, in fact, voluntarily terminated his employment within one month of this Court entering the Order;
  14. The Defendant has failed to provide his current telephone number or address to either the Plaintiff or her counsel; and
  15. The Defendant continually harassesthe Plaintiff by telephoning her at her place of employment and calling her foul names.
  16. The Plaintiff reasonably believes that if the pension monies are released to the Defendant he will waste said monies and they will not be available for distribution upon the parties’ divorce.
  17. The Plaintiff further reasonably believes that, even if the Court, at the time of the divorce, were to enter a monetary award in her favor, taking into account the Plaintiff’s interest in the Defendant’s pension assets, she would be unable to collect said award from the Defendant.
  18. The Defendant’s conduct demonstrates an attempt to interfere with the Plaintiff’s marital property right to a share of his pension. There exists the strong likelihood that the Plaintiff will succeed on the merits of her claims in connection with the divorce and be awarded a share of the Defendant’s pension through a qualified domestic relations order.
  19. Unless the Defendant’s pension plan administrator is restrained and enjoined by this Court from releasing the pension funds, and/or the Defendant is restrained and enjoined from dissipating said funds, the Plaintiff will suffer immediate, substantial, and irreparable injury.
  20. The benefits to the Plaintiff in obtaining injunctive relief outweigh the potential harm which the Defendant would incur if this Court grants the requested injunctive relief.
  21. The Plaintiff requests that, in the event that this Court grants her a temporary restraining order or preliminary injunction, she be excused from the necessity of posting a bond because: (a) she is unable to provide surety or other security for the bond, as evidence by her financial statement attached hereto and previously filed with this Court; (b) substantial injustice would result if an injunction did not issue; and (c) this case is one of extraordinary hardship.
  22. On [date], at [time],the undersigned counsel informed the Defendant, by telephone, of the Plaintiff’s intent to come before this Court on [date], at [time], to request an injunction be granted. The Defendant was directed to appear at the Civil Clerk’s office on [date], at [time].
  23. During a subsequent conversation the undersigned had with the Defendant on [date], the Defendant statedhis intent not to appear for the hearing on this matter and further stated his intent to leave the State of Maryland.

WHEREFORE, the Plaintiff, [Plaintiff’s name], respectfully requests:

  1. That this Court issue an Order granting the Plaintiff a temporary restraining order and a preliminary injunction, restraining and enjoining the [employer’s] [pension plan administrator] from disbursing pension funds to the Defendant;
  2. In the alternative, that this Court issue an Order granting the Plaintiff a temporary restraining order and preliminary injunction, restraining and enjoining the Defendant from spending, dissipating, or otherwise wasting the pension funds disbursed to him by the [employer’s] [pension plan administrator] until such time as the Court enters a Judgment of Absolute Divorce following a trial on the merits of this case;
  3. That this Court order the Defendant to remit to the Plaintiff’s counsel any funds disbursed to him by the [employer’s] [pension plan administrator]so that they may be placed in escrow;
  4. That the Plaintiff be excused from the necessity of posting a bond prior to the issuance of the temporary restraining order and/or preliminary injunction; and
  5. That she be granted such other and further relief as the nature of her cause may require.

I solemnly declare and affirm under the penalties of perjury that the contents of the foregoing Petition for Emergency Temporary Restraining Order and Preliminary Injunctive Relief are true and correct to the best of my knowledge, information, and belief.

[Plaintiff’s name]

Plaintiff

Respectfully submitted,

Attorney

Firm

Address

Phone

Email

Attorneys for the Plaintiff

Points and Authorities

Md. Fam. Law Code Ann. § 1-203

Md. Rule 15-501 through15-505

Deering v. Deering, 292 Md. 115 (1981).

Affidavit of [Plaintiff’s name]

I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing Petition for Emergency Temporary Restraining Order and Preliminary Injunctive Relief are true and correct to the best of my knowledge, information, and belief.

Date[Plaintiff’s name]

Plaintiff

Certificate of Service

I hereby certify that on this day of , , a copy of the foregoing Petition for Emergency Temporary Restraining Order and Preliminary Injunctive Relief was mailed, first class mail, postage prepaid, to [Defendant or Attorney for Defendant], [address].

Attorney

Petition for Emergency TRO and Preliminary Injunction
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C-06-0000000