San Diego Men’s Rights Lawyers
Automatic Temporary Restraining Orders
When people hear the term ‘restraining order’ they often think of violent situations where someone needs a court order for protection. While these types of restraining orders do unfortunately become necessary from time to time, there are other restraining orders that apply to parties to a California divorce when such a case is filed. If you are unsure of your rights in this regard or you feel that such a restraining order has been violated by your spouse, seek the help of experienced San Diego men’s rights lawyers as soon as possible. Below is a brief introduction to this typical procedure and its requirements.
What Is An ATROs?
An ATROs is an acronym for Automatic Temporary Restraining Orders, and this ATROs takes hold of both parties when a California divorce case is filed. The purpose of an ATROs is to in effect maintain the status quo of a situation when it comes to the marital estate, property and assets and the routines of any children of the marriage so that a fair and equitable result can be pursued by the court overseeing the divorce.
When Does An ATROs Take Hold?
When one spouse files a California divorce case, that spouse is immediately bound by the terms of the ATROs. When the other spouse is served with the documentation that relates to the California divorce case, that spouse is also immediately bound by the ATROs requirements. At that point, any violation of those terms can lead to serious legal consequences.
What Are Typical ATROs Terms?
The California divorce ATROs is relatively consistent in its terms and its requirements, and in general such a restraining order will prevent one of the parties from:
- Removing a child of the marriage from the jurisdiction without prior written consent of the other spouse;
- Cashing, borrowing against or canceling insurance coverage that protects members of the family who are beneficiaries of such policies when the divorce is filed;
- Creating or modifying a non-probate transfer in a manner that affects the disposition of that property without prior written consent of the other spouse; and
- Transferring, selling or borrowing against property that is part of the marital estate without prior written consent of the other party.
How San Diego Men’s Rights Lawyers Can Help
While the law is relatively clear when it comes to what the parties to a California divorce case can and cannot do after the case has been filed, these terms are unfortunately violated on a relatively regular basis. Whether you have questions regarding your permitted steps or you feel that your spouse has violated these terms, you need to seek the help of San Diego men’s rights lawyers who have been fighting for fathers and husbands for many years. Contact our San Diego divorce lawyers today to schedule an initial consultation. Do you have more legal questions? Learn more about how the Mens Legal Center can help with filing a motion to vacate judgement or handle disclosure declarations issues.