Automatic Temporary Restraining Orders

Automatic Temporary Restraining Orders (ATROs) play a crucial role in California divorce law. They are designed to maintain the status quo between the parties during a divorce, preventing either spouse from making significant life changes that could impact property, finances, or the custody of children while the divorce is pending. 

What Are Automatic Temporary Restraining Orders (ATROs)?

ATROs are court-issued restraining orders, officially known as“ Standard Family Law Restraining Orders”. They are used to prevent either party from taking actions that could harm the other or disrupt the legal and financial proceedings. These automatic temporary restraining orders take effect immediately upon filing for the petitioner and once served on the respondent and remain in place throughout the divorce proceedings until either the court issues a final judgment, the case is dismissed or a party obtains a court order to modify or terminate them. 

What do the Standard Family Law Restraining Orders Say?

The Standard Family Law Restraining Orders can be found on page 2 of the Summons (Form FL-110) that is served along with the divorce petition. The exact wording is as follows:

“Starting immediately, you and your spouse or domestic partner are restrained from:

1. Removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court;
2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children;
3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and
4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.

You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.”

What does that mean?

Essentially these Automatic Temporary Restraining Orders place immediate restrictions on both spouses or domestic partners to prevent significant financial or parental decisions without mutual consent or a court order. 

The restraining orders prevent both spouses from:

1. Taking children out of state or applying for new passports without consent.
2. Changing insurance policies that cover the family without agreement.
3. Selling or hiding property without consent, except for normal expenses.
4. Modifying financial transfers without approval.

And you  must notify each other about large expenses in advance but can still use property for attorney fees or court costs.

What is the purpose of Automatic Restraining Orders?

These orders are implemented to safeguard both parties from the potential harm caused by the other, whether the issue is dealing with a narcissist or a spouse acting out of spite. They are particularly valuable in highly contentious divorces or when separating from an abusive partner by helping prevent financial exploitation by prohibiting actions such as draining joint accounts or freezing credit cards, ensuring both parties can maintain normalcy and afford legal representation.

Additionally, they protect parental rights by preventing either party from relocating out of state to gain an unfair advantage in custody battles. These restraining orders are specifically designed to protect individuals going through a divorce or legal separation from actions by their spouse or domestic partner that could jeopardize their financial security, property rights, or parental authority. Ultimately, they promote fairness and prevent one party from causing financial or emotional harm to the other during an already vulnerable time.

What do the Automatic Restraining Orders Allow?

These orders are specifically for large financial moves or other actions that would harm the other spouse or family. They’re not meant to restrict either party from behaving normally. Therefore, spouses are allowed to take necessary actions without violating ATROs.  Spouses can continue paying for regular household expenses (e.g., mortgage, utilities, food, etc.), attorney’s fees, and costs related to the divorce. Also, if one spouse operates a business, they can make normal business transactions necessary for the continued operation of that business.

What happens if I violate the ATROs?

Violating Automatic Temporary Restraining Orders can result in significant legal and financial consequences. One potential outcome is being held in civil contempt, which may lead to fines, payment of attorney fees, and even jail time. Additionally, if one spouse unlawfully transfers or disposes of assets, the court may order restitution, requiring the violator to reimburse the other spouse for the asset’s value. This could negatively impact the violating party’s property rights during asset division. Furthermore, the court may issue adverse rulings, such as awarding a greater share of assets or custody rights to the non-violating spouse as a penalty.

What if I need to do something restricted by ATROs?

There are several reasons someone might need to do something during divorce proceedings that is not allowed by the Standard Family Law Restraining Orders. For instance, you may want to buy a new home if you were forced to move out or there could be an unforeseen urgent medical expense that you need to pay for.

 In these situations, you should first try to get the consent of your spouse. This would be the quickest and easiest way to handle the situation. However, if you go this route make sure the consent is in the form of a signed, written agreement, this agreement should be made by and or in the presence of your attorney to ensure the written consent meets legal standards and everyone’s rights are protected. It is also a good idea to submit the signed agreement to the court as part of the divorce file in order to provide additional legal protection in case of disputes later.

What if my spouse won’t consent?

Sometimes a spouse may refuse to provide written consent or requesting it from them is simply not an option. In these cases, if you do have a valid reason to act outside the restrictions of the ATROs, you can request a court order to modify or lift certain provisions. To do this, you would typically need to file a motion with the court and attend a hearing at which a judge will decide based on the facts and circumstances presented.

ATROs are a vital tool in California divorce law, designed to maintain fairness and protect both parties from adverse actions during the divorce process. While they provide necessary protections, they can also present challenges, particularly for individuals with complex financial circumstances or business operations. Understanding the scope, implications, and exceptions of ATROs—and how to strategically navigate them—is crucial in any divorce proceedings.