1.27.070 Temporary Order or Preliminary Injunction; Effect

(a) In a proceeding for Dissolution of marriage or for Legal Separation, or for maintenance or support following Dissolution of Marriage, either party may move for temporary maintenance or temporary support of a child, natural or adopted, common to the parties entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.

(b) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the Court to issue a preliminary injunction for any of the following relief:

(1) Restraining any person from transferring, encumbering, concealing or otherwise disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party of any proposed extraordinary expenditures made after the order is issued.

(2) Enjoining a party from molesting or disturbing the peace of the other party or of any child.

(3) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm may otherwise result.

(4) Enjoining a party from removing a child from the jurisdiction of the Court.

(5) Providing other injunctive relief proper in the circumstances.

(c) The Court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed. No bond shall be required unless the Court deems it appropriate.

(d) On the basis of the showing made, and in conformity with sections 127.03, 127.04, and 127.05, the Court may issue a preliminary injunction and an order for temporary maintenance or support in amounts and on terms just and-proper in the circumstance.

(e) A temporary order or preliminary injunction:

(1) Does not prejudice the rights of the parties or any child to be adjudicated at the subsequent hearings in the proceedings.

(2) May be revoked or modified before final decree on a showing by affidavit of the facts necessary to modification of a final decree.

(3) Terminates when the final decree is entered or when the Petition for Dissolution of Marriage or Legal Separation is dismissed.