Automatic Temporary Restraining Orders (sometimes referred to as “ATROS”) are mutual Orders that become immediately effective upon service of a summons issued in a dissolution, legal separation, nullity or paternity action.  ATROS are itemized on the back of the Summons of a Petition for Dissolution. ATROS remain in effect until a final judgment is entered, the petition is dismissed, or there is a Court Order for termination. The point of the ATROS is for the status quo to remain and so there is not a “rush” on action that may affect the outcome of the case. THESE ARE COURT ORDERS, and judges take them very seriously.
ATROS prevent BOTH parties removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court. In addition, there are other financial moves you CANNOT MAKE:
You may not take out a loan on community property.
You may not close a joint checking account and transfer the money into your own separate account or remove items from your safe deposit box or cash from your safe and give them to a third party to hold for you. You many not cash in your life insurance policy and deposit the proceeds into a separate account or change the beneficiary to your life insurance policy.
You may not remove your spouse or children from the health, dental or vision insurance policy.
or your auto policy– even if you are not living together.
In addition, each party must notify the other of any proposed extraordinary expenditures at least five business days prior to incurring those expenses and must account to the court for all extraordinary expenditures made after the restraining orders are effective.
What can you do? You can consult with a lawyer who knows what can and cannot be done. You CAN pay attorney’s fees from community property. You can make many moves with your insurance and banking accounts that are NOT violations, IF done correctly.
For more information, call and set up a consultation appointment with Certified Family Law Specialist Denise Lite at 877-317-8080.