Automatic Temporary Restraining Orders In California
The phrase “restraining order” means to most to people a domestic violence restraining order, but the automatic temporary restraining orders (ATROs) in California divorce proceedings are completely different. ATROs are “restraint orders” that establish fair and equitable ground rules for divorce proceedings. In most California divorce procedures, automatic temporary restraining orders are restraining orders that keep either spouse from changing the financial condition of the marriage after a divorce proceeding has started. To make sure that you file for a restraining order or an ATRO at the start of your divorce, speak first with experienced Orange County automatic temporary restraining order lawyer David P. Schwarz.
At the Orange County-based Law Office of David P. Schwarz, we have litigated numerous divorce cases which involve automatic temporary restraining orders.
These temporary orders differ from all other family law restraining orders as they are automatically attached to the filing a Petition for Divorce in California. Unlike other restraining orders they do not have to be independently requested by motions or filings in Orange County Superior Court.
They assist all divorcing parties with keeping the property of the divorce safe from unwanted transfers or buying or selling of property from the marriage. It also keeps parties safe from losing health insurance coverage as well. This ATROs protects litigants from losing all of their marital property by a rogue petitioner or respondent who seeks to take out vengeance on the other party by selling off community assets.
An ATRO Provides Legal Protection
An ATRO is a court ordered restraining order, but unlike a domestic violence order, it can’t be extended indefinitely or become the basis for any kind of permanent restraining order. In most cases, an ATRO prevents either divorcing spouse from selling, transferring, or borrowing against marital property, borrowing or selling insurance purchased for the other spouse, changing beneficiaries on policies or accounts, or otherwise changing accounts or hiding or destroying assets or property.
In California, ATROs are explained on the back of the Summons of a Petition for Dissolution – but let your attorney help. An ATRO takes immediate effect upon the defendant upon service of a summons and will stay in effect until the final divorce judgment is completed and signed. Violating a restraining order during on ongoing divorce proceeding can lead to serious legal consequences for either spouse.
Learn More – Call Now
When you seek a divorce lawyer, you must have someone who is sensitive to both your emotional and financial concerns – someone you genuinely can trust. Whether you need to file a restraining order for domestic violence or file an ATRO to ensure a fair divorce settlement, learn more about how our automatic temporary restraining order lawyer, David P. Schwarz, can help you. Complete our contact form or call promptly 949-296-4119.