Core Insights:
- Four automatic orders go into effect at the outset of a family law case: The Automatic Temporary Restraining Orders become effective against the Petitioner immediately upon filing the Petition and against the Respondent upon service of the Summons and Petition. These orders restrict travel with children outside of California, changes to insurance policies, and certain financial and estate planning transactions.
- Parents cannot take children out of state: Parents cannot cross state lines with the kids, or apply for new passports without written permission from the other parent or a court order.
- Insurance and bank accounts are frozen: Neither spouse can change beneficiaries, cancel health or life insurance, hide money, or sell off property, though normal daily living and routine business expenses are still allowed.
- Estate plans cannot be changed secretly: Certain estate planning changes affecting the disposition of property are prohibited without complying with the notice requirements contained in the ATROs.
- Violating the orders carries heavy penalties: breaking these rules can ruin your credibility with the court, result in criminal misdemeanor charges, prompt police intervention, or lead a judge to award more marital property to the other spouse.
When a family law action, such as divorce, legal separation, or a custody petition, is filed, a summons is issued and served on the respondent. The summons lists four automatic restraining orders (ATROs) to which both parties are bound. An ATRO is a crucial component of family law as it protects both parties. If either party violates the order, there are serious legal consequences. At Bremer Whyte Brown & O’Meara, we provide consistent guidance and support throughout family law processes.
What Is the Purpose of Automatic Temporary Restraining Orders?
ATROs have four specific components that are put in place to maintain the status quo while the case is ongoing. Essentially, ATROs ensure that no major changes are made without explicit written consent or a court order. The items listed on the summons are:
- The petitioner and the respondent are prohibited from removing their child from the state or from applying for a new or replacement passport for the child without the other party’s written consent.
- Neither party may cash, borrow against, cancel, transfer, dispose of, or change the beneficiaries of any insurance, including life, health, auto, or disability.
- Neither party may transfer, encumber, hypothecate, conceal, or dispose of any property, except in the usual course of business or the necessities of daily life.
- No non-probate transfers may be created or modified in ways that affect the disposition of property. Notice of any changes must be filed and served on the other party before revocation can take effect or the right of survivorship can be eliminated.
These ATROs prevent either party from gaining an unfair advantage during a significant change. Your divorce attorney will help you stay in compliance with the orders and monitor the other party for any potential breaches.
How Do ATROs Protect Financial Assets?
Property division is one of the most contentious aspects of a divorce, which is why ATROs prohibit major financial changes. Neither spouse may transfer, encumber, conceal, or dispose of community or separate property outside the usual course of business or the necessities of daily life. While routine expenses and ordinary financial transactions remain permissible, significant transactions intended to diminish or alter the marital estate are prohibited without the other party's consent or a court order. If either spouse is a business owner, there are legal exceptions. Routine financial transactions that happen in the course of normal business remain permissible.
This exception means that the business owner can still pay their employees, purchase inventory, and settle monthly bills. Disagreements about which transactions are considered “routine” are common. We always advise our clients to keep all their receipts and meticulous records about every transaction. In accordance with the ATROs, both parties must notify the other party of extraordinary expenditures at least 5 days in advance.
What Restrictions Do ATROs Apply to Insurance and Estate Planning?
Modifying insurance policies during a divorce is strictly prohibited under ATRO law. Spouses may not cancel, borrow against, or alter the beneficiaries of any active policies. Health, life, auto, and disability policies must remain unchanged throughout the process. Removing a spouse from a health plan before the divorce is finalized violates the ATROs. The offending party can be held responsible for any expenses incurred as a result of the violation.
Neither party may change beneficiaries or otherwise modify non-probate transfers affecting the disposition of property - including retirement accounts, living trusts, and payable-on-death designations - without the other party's written consent or a court order. Routine investment decisions within retirement accounts are generally not prohibited. Before revoking a will or eliminating a right of survivorship to property, the required statutory notice must first be filed with the court and served on the other party. These rules are intricate, and changes must be made with caution. Speak to your attorney before making any decisions, as the penalties can be severe.
How Do ATROs Protect Minor Children?
Stability for children is taken very seriously by California family courts when marriages are dissolved. Parents may not remove their child from California while a case is pending without the other parent’s explicit permission. The child may not even cross state lines without written consent or a formal court order. Applying for a new or replacement passport for the child is strictly forbidden unless the parties mutually agree.
Unwed parents who file parentage or custody actions are subject to the same restrictions. Many people assume these rules apply only in divorce cases, but the travel bans also apply in paternity cases.
What Are the Penalties for Violating ATROs?
Ignoring or overlooking ATROs can lead to severe legal and financial repercussions. Judges take willful violations of the ATROs very seriously. Depending on the circumstances, intentional violations may result in sanctions, reimbursement orders, attorney's fees, adverse findings in the family law case, and, in some situations, misdemeanor criminal liability. In addition, police officers can enforce child-related ATROs anywhere in California.In appropriate circumstances, law enforcement may assist in enforcing child-related ATROs, particularly if a parent attempts to remove a child from California in violation of the summons.
Financial breaches are usually resolved during the property division phase of the divorce. The court may order reimbursement, impose monetary sanctions, award attorney's fees, or otherwise account for the improper conduct when dividing community property. If you feel that the orders are being violated at any point, speak to your attorney immediately so that it can be reported to the court. ATROs carry significant weight in the California family law system, and breaking the rules permanently damages credibility.
Legal Guidance for Automatic Temporary Restraining Orders
At Bremer Whyte Brown & O’Meara, our dedicated attorneys understand the challenges associated with ATROs. We know how stressful it can be to manage your daily life while complying with rigid restrictions. We work closely with our clients to review financial accounts, insurance policies, and parenting needs at the beginning of their case. We are committed to protecting your interests and ensuring that your spouse or co-parent respects the orders.
Preparing for a divorce requires comprehensive documentation, strategic planning, and expert legal representation. Intense emotions are a natural part of such major transitions, but letting anger or hurt dictate your decisions can have lasting consequences. If you are considering filing for divorce or taking other family law action, contact Bremer Whyte Brown & O’Meara for support. We are here to help you move through this difficult experience with minimal upheaval.
Frequently Asked Questions
Can I use joint marital funds to pay my divorce attorney?
Yes. California law explicitly makes an exception allowing either party to use community or separate property to pay reasonable attorney’s fees and court costs. However, you must still maintain meticulous records and account for how those funds were spent.
Are ATROs the same thing as a Domestic Violence Restraining Order?
No. A Domestic Violence Restraining Order (DVRO) requires a specific petition, proof of abuse, and a judge’s signature to protect a person’s physical safety. ATROs are non-criminal administrative rules printed directly on the divorce summons that automatically apply to every single case to protect assets and child support.
What happens if a child was already out of state before the case was filed?
The travel restriction is not retroactive. If a child was already legally living or vacationing outside of California when the ATROs took effect, the order does not require their immediate return. However, it completely blocks either parent from moving the child again or establishing a new out-of-state residence without written permission or court intervention.