Automatic temporary restraining orders take immediate effect when you file for a divorce, legal separation or an annulment. They take effect on the other party once they are served. It is important that you contact an experienced Riverside County family law attorney at Wallin & Klarich who thoroughly understands these orders, explains them to you, and knows what to do if they are violated.
There are four (4) statutory mutual temporary restraining orders, also known as ATROs, that take effect automatically upon filing for a divorce, legal separation or an annulment. The temporary restraining orders take effect against the petitioner upon filing the petition and issuance of summons; these same restraining orders take effect against the respondent upon service of the petition and summons. Your Riverside county family law attorney from Wallin & Klarich will take the time to explain this process step by step.
These ATROS are set forth on the summons judicial council form (FL-110). The four (4) ATROS against petitioner and respondent are:
- Both the petitioner and the respondent are restrained from removing their minor children from the state without obtaining prior written consent of the other parent or a court order.
- Both the petitioner and the respondent are restrained from “transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate,” without obtaining the other party’s written consent or a court order “except in the usual course of business or for the necessities of life.”
- Both the petitioner and the respondent are restrained from “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 child or children for whom support may be ordered.”
- Both the petitioner and the respondent are restrained from “creating a non-probate transfer or modifying a non-probate transfer in a manner that affects the disposition of property subject to the transfer,” without obtaining the other party’s written consent or a court order.
For more information about these automatic temporary restraining orders, call your Wallin & Klarich family law lawyer in Riverside County at 888-749-7428. Wallin & Klarich’s assembled team of experienced Riverside County family law lawyers count with the knowledge pertaining to these ATROs and will immediately assist you today.
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