When you say the words “restraining order,” you may automatically think of abuse, threats, or other personal and negative matters. However, not all restraining orders are seen in a negative light. Automatic Temporary Restraining Orders (also known as ATROs), are used in divorce cases to ensure a specific amount of respect between divorcing spouses. You may have some questions about these very specific restraining orders and what they entail.
ATRO FAQs
What is an ATRO? These are four orders that go into effect when a divorce is petitioned. No spouse needs to seek an ATRO, as they are automatic as soon as the divorce process begins. ATRO are court orders that prohibit either spouse from selling or transferring property, borrowing or selling insurance held for the other spouse, and changing bank accounts. In other words, they are kind of seen as a divorce “nicety.” They are especially helpful to family attorneys because they establish a freeze on assets, which allows for other needs to be assessed in the divorce process.
Can I expect an ATRO to stay in effect throughout the entire process? These restraining orders will stay in effect until there is a court order to modify. They can also be revoked in the event of a dismissal or final judgment. It will take a court order to do anything before judgment takes place. Court orders can be agreed upon so, if you and your spouse can come to that agreement, it can be assessed rather smoothly.
What does an ATRO do for my children? If you have children involved in the divorce, an ATRO instructs the mother and father than they cannot remove the children from California under any circumstances. This is due to the fact that the courts understand the best interests of the children and that means keeping the children in good bonds with their parents. If one parent is permitted to take the children out of the state, it may be difficult for the other parent to find them and California works to prevent this with the ATRO agreement.
How will this order be enforced? A spouse is seen as the fiduciary to another spouse in California, which means that an ATRO cannot be violated or else that relationship is in direct violation as well. If an ATRO is not abided by, then criminal action can be taken against the spouse that committed the wrongdoing. This means that one spouse can take the necessary action to file for contempt of court and have a court hearing held against the other, resulting in criminal prosecution in many cases.
Many people think highly of the ATRO, which has helped in many court cases. To some, it helps “keep the peace” even in the midst of divorce. If one party is controlling the family finances, a freeze on assets and even what happens to the children is in the best interest of the entire family. If you have any questions about the ATRO or find yourself in the middle of a tiring divorce, you may call an attorney who will listen to you every step of the way. At The Law Offices of Amy M. Montes, we will do just that – give us a call today!
