An automatic, temporary restraining order (ATROs) is a specific type of restraining order that is issued in connection with divorce proceedings, legal separations, or annulment cases. Unlike other forms of restraining orders, automatic restraining orders are not applied to protect a family from physical violence or abuse. Instead, it is used to restrict couples from using their bank accounts. ATROs prevent spouses from hiding assets during the divorce proceedings.
If you need legal assistance with your divorce or automatic restraining orders, contact our Palm Desert divorce attorneys today at (888) 251-9618!
A spouse can petition an automatic restraining order during divorce proceedings. An automatic restraining order prevents the respondent from hiding assets or money from the other spouse or court during the divorce. It also prevents them from moving money to different accounts to avoid declaring it and prevents them from taking any other activities to conceal assets.
An automatic restraining order also prevents the party from other actions, including:
Moving Away with Their Children: Both parties can’t move out of state with their children without written consent of the other party or an order from the Court. This action isn’t required if the child already resides out of State while the ATRO was petitioned.
Insurance Policies: You cannot cancel any insurance policies while going through a divorce. The court restrains both parties from cashing, borrowing, withdrawing, transferring, or changing the beneficiaries of any insurance coverage. This includes life, health, automobile, and disability insurance held for the spouses or children.
Property Transfers & Extraordinary Expenditures: Both parties are restricted from transferring income or concealing any property without the other spouse’s written consent. Each party must notify the other spouse and the court of any extra expenditures within at least 5 business days. You should always keep a paper trail documenting the source of fees and costs during this period. A party that cannot show proof of their accounting may suffer severe consequences.
Non-Probate Transfers: Both parties are barred from creating a non-probate transfer or modifying a non-probate transfer. “Non-probate” means assets that include retirement accounts, life insurance, living trusts, or funds in a payable-on-death (POD) bank account.
It is vital that you understand the restrictions of an automatic restraining order to identify if it will be helpful for your divorce. The attorneys at the Edgar & Dow have handled thousands of divorce cases. Our team understands that every client, every family, and every legal matter is unique. We develop a personalized, results-driven approach to reach the best possible outcome for each of our clients.
Contact our Palm Desert divorce lawyers today to schedule a consultation: (888) 251-9618!
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