Understanding family law terminology can avoid costly mistakes when involved in a divorce proceeding. Therefore, it is important to have a basic understanding of some of the more common California family law terms and how they can affect your divorce. One of the most common misunderstood terms involves temporary restraining orders.
Automatic Temporary Restraining Orders in the Summons (ATROS)
When it comes to restraining orders, there are two common types. The first restraining order, known as the automatic temporary restraining orders in the summons (ATROS), is designed to keep divorcing spouses from taking assets. This is an automatic restraining order, meaning that no additional forms are required to make this order enforceable.
Briefly, for most parties involved in a divorce or separation, it serves to enforce several actions. The main action prohibited with ATROS includes restraining both parties from transferring or concealing, or in any way disposing of any property, real or personal, regardless of it being community, quasi-community, or separate, without the written consent of the other party or an order of the court. The exception is in the usual course of business or for the necessities of life, if each party notifies the other party and the court of any proposed extraordinary spending.
For couples with children, another benefit of ATROS is that it restrains both parties from removing the minor child or children of the parties from the state. Either parent is also prohibited from applying for a new or replacement passport for the minor child or children, without written consent of the other party or a court order.
Domestic Violence Restraining Order
The second type of a restraining order that can be used during a divorce proceeding is called a domestic violence restraining order. This order is usually sought out by a person claiming to have suffered from domestic violence.
The abuse can be physical, verbal or written. Persons who can apply for a domestic violence restraining order have to show that they have been abused and are related in some manner either through marriage or dated the alleged abuser.
This temporary restraining order serves by enforcing the following orders:
- No contact with person alleging abuse.
- Move out of household.
- No weapons to be used.
A judge can also order a person to obey child custody visitation and property rights under the domestic violence restraining order. This order can be filed in the same court where the divorce papers were filed. They must be served on the other party. The judge will make a decision within one day, often the same day. Persons interested in obtaining a decision on a temporary restraining order should contact an affordable family law attorney or the court for guidance.
Temporary restraining orders can be an effective method to help the divorce process. In many ways, it helps keep both parties honest and more civilized as the consequences for disobeying the orders can have a lasting effect on a divorce case. While both are similar, there are different procedures in which they can be obtained. Individuals seeking more information on temporary restraining orders can call a divorce attorney familiar with ATRO’s and restraining orders for a free consultation. With the right restraining orders in place and an attorney to ensure enforcement of the orders your divorce may progress more safely.