What an Automatic Temporary Restraining Order Prevents You From Doing While You Are in California Family Court Proceedings

In the California Family Law Courts, when one party files for dissolution of marriage, the court may issue one- or both-party members an Automatic Temporary Restraining Order.

This is important for the parties since it keeps both members from doing certain things when it comes to their children or even their finances.

For example, if the party members have children in common, the Automatic Temporary Restraining Order or ATRO for short, keeps either parent from taking the children outside of the state of California. This means that one parent cannot take the children to another state unless the parent is given written permission (consent) from the other parent.

If the parent is not willing to give consent, a parent is able to petition the Family Law Court for permission to allow the children to travel outside of the state.

This also keeps the children from being removed from the country. Which means that a new or replacement passport may not be obtained or applied for the children.

This temporary restraining order also has an impact on the finances of both parties. For example, if either party has life insurance, auto insurance, health insurance, etc. and their spouse is the beneficiary of the policy, the beneficiary cannot be changed until the ATRO is lifted or permission is granted by the court.

The same is true for any property  (real or personal) even if it not community property. If the spouse is the beneficiary of such property, the beneficiary cannot be changed until the ATRO is lifted or permission is granted by the court.

This is a California Family Law legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).

It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case. 

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