Standard Family Law Restraining Orders
Immediately upon the filing of a Petition and Summons, both spouses must abide by the Automatic Temporary Standard Restraining Orders (ATROS), which are found on the back side of the Summons. The ATROS continue in effect until the Petition is dismissed, a Judgment is entered, or the Court makes further Orders. The ATROS are described below:
- Removing Children
- If either parent wants to remove the minor children of the parties from the state, or apply for a new or replacement passport for the minor children, the parent must obtain prior written consent of the other part, or a Court order.
- Insurance Coverage
- If either party has life, health, automobile, or disability insurance held for the benefit of the other party, or the minor children, that party may not cash, borrow against, cancel, transfer, dispose of, or change the beneficiaries of the plan until the conclusion of the case, or by Court order.
- Any and All Property
- Neither party can transfer, encumber, hypothecate, conceal or dispose of any property without written consent of the other party. It does not matter whether the property was acquired prior to marriage, during marriage, after the date of separation, by gift, by inheritance, or if it is located outside of California for this restriction to apply. If transferring, encumbering, hypothecating, concealing, or disposing of the property is in the “usual course of business or for the necessities of life”, then written consent is not required. You should discuss whether or not the action falls within this exception with your attorney.
- Jointly Held Property or Property Held in Trust
- A party must obtain prior written consent or a Court order to create or modify a non-probate transfer that changes the disposition of the property. Examples of non-probate property is property held in joint tenancy, tenancy by the entirety, or property held in a trust. If a party wants to revoke a non-probate transfer or to eliminate the right to survivorship, the party must file a notice of intent to revoke or intent to sever the right of survivorship and serve the other party.
***WARNING: If either party dies before community property is divided, probate laws are controlling rather than family law. In other words, a party may not be entitled to one-half the interest in community property, as he or she would be under family law.