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All You Need To Know About CA Divorce “ATROs”

On Behalf of | Nov 17, 2016 | Divorce

The term restraining order provokes a limiting thought process that regards it as something to do with abusive or violent circumstances, wherein a court of law issues an order that restrains an individual who might be a threat to someone else. However, ATROs or automatic temporary restraining orders are quite contrary to the popular belief.

What are ATROs? ATROs are a set of orders contained in the Summons filed at the beginning of a California divorce case.

What does an ATRO imply? An ATRO requires both the separating parties to refrain from indulging in several acts that might have a negative influence on the proceedings of the lawsuit.

  • Both the parties are prohibited to remove their minor children from their state of residence without obtaining an order from the judge or a written consent of the other partner.
  • Both the parties are prohibited from transferring, selling, hypothecating or borrowing against any kind of community or separate property without an order from the court or a written consent of the other spouse.
  • The parties are also restrained from borrowing, selling or modifying the beneficiary names on policies that have been held for the other spouse.
  • Both the partners are prohibited to change their bank accounts without a prior court order or a written consent from the other spouse.
  • And lastly, both parties are prohibited from destroying or concealing any assets held together or separately by the couple during their marriage.

The ATROs will stay in effect until the court dismisses the petition or a final verdict is reached. In addition to this the ATROs can also be suspended when a court issues an order for its modification or dismissal. This implies that the Automatic temporary restraining orders can be terminated even before the final judgment of the case is passed by the court of law. Since the ATROs are mutually agreed upon and signed by both the contesting parties, a violation of the orders by either of the partner will lead to stringent legal actions by the court of law. To sum it up in a nutshell, the ATROs are designed to protect the rights of minor children in California, and restrain any unsolicited actions against the assets and insurance policies of both the parties.