Once you file your divorce petition or receive notice that a petition has been filed, there are specific temporary restraining orders that go into effect. These automatic temporary restraining orders, also known as ATROs, become effective once a party has been served with divorce papers.
The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices family law and represents clients in Sacramento, California and clients in Northern California with services they need and deserve when addressing divorce. Call now our Lawyer Hotline. Call now 916-443-1267.
Automatic Temporary Restraining Orders
Automatic temporary restraining orders go into effect when you file for divorce and the other spouse is served with a summons. These restraining orders prevent you and your spouse from taking the following actions:
- Removing a minor child from the state, without the prior written consent of the other parent or a court order.
- Applying for a new or replacement passport for a minor child without the prior written consent of the other parent or a court order.
- Transferring, encumbering, hypothecating, concealing, or in any way disposing of any real or personal property without the written consent of the other party or a court order.
- Borrowing against, canceling, transferring, disposing, or changing the beneficiaries of any insurance policy, including life, health, automobile, and disability insurance held for the benefit of a family member.
- Creating a nonprobate transfer or modify 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 a court order.
Actions You Can Undertake
Even if there are in effect automatic temporary restraining orders, you can still take the following actions:
- Use community property, quasi-community property, or your own separate property to pay reasonable attorney’s fees and costs in order to retain legal counsel.
- Create, modify, or revoke your will.
- Revoke a nonprobate transfer, including a revocable trust, pursuant to the instrument, provided that notice of the change is filed and served on the other party before the change takes effect.
- Eliminate a right of survivorship to property, provided that notice of the change is filed and served on the other party before the change takes effect.
- Create an unfunded revocable or irrevocable trust.
CALL NOW TO MAKE AN APPOINTMENT
916-443-1267
For more information on restraining orders and divorce, click on one of the following links:
Domestic Violence Restraining Orders
California Domestic Violence Restraining Order
California Domestic Violence Bail
California Criminal Protective Order
Mutual Domestic Violence Restraining Orders
