When a California divorce, legal separation, or annulment case begins, certain restrictions automatically take effect without either spouse first requesting a special restraining order. These are called automatic temporary restraining orders, commonly known as ATROs. They are included on the family law summons and restrict certain actions involving children, property, insurance, and estate-related transfers while the case is pending. Because ATROs are actual court orders, violating them can have serious consequences.

When Do the Automatic Restraining Orders Take Effect?

The timing differs for the spouse who starts the case and the spouse who responds to it.

For the petitioner, the ATROs become effective when the petition is filed and the summons is issued. For the respondent, they become effective when the respondent is personally served with the petition and summons or accepts and waives formal service.

Once effective, the orders generally remain in place until a final judgment is entered, the case is dismissed, or the court makes another order.

Either spouse may ask the family court to make additional temporary orders or to modify or revoke an automatic restraining order when appropriate. The fact that the restrictions are automatic does not mean that the court is unable to address circumstances requiring a different order.

The ATROs should not be confused with a Domestic Violence Restraining Order. They automatically arise from commencement of the marital proceeding and are directed primarily at preserving the status quo concerning specified children, property, insurance, and transfers while the divorce process continues.

ATROs Restrict Certain Property and Insurance Transactions

Once the ATROs apply, spouses are restricted from transferring, concealing, encumbering, disposing of, or changing beneficiaries concerning real or personal property without the other spouse’s written consent or a court order.

These restrictions can apply to community property, quasi-community property, and separate property.

There are exceptions for transactions in the usual course of business or for necessities of life. However, whether a transaction falls within one of those exceptions can depend on the circumstances. A spouse should not assume that a transaction is automatically permissible simply because the spouse has historically managed the family’s finances or believes an expense is necessary.

The ATROs also restrict certain actions involving insurance. Once the orders apply, a spouse generally cannot cash, borrow against, cancel, transfer, dispose of, or change the beneficiaries of insurance or other coverage held for the benefit of the spouses or their minor children. This can include life, health, automobile, and disability coverage.

The orders also restrict creating or modifying certain nonprobate transfers that would affect the disposition of property, although California recognizes specific exceptions for certain estate-planning actions.

The Orders Also Protect Against Certain Actions Involving Children

The ATROs contain important restrictions concerning minor children of the parties.

Once effective, a parent cannot remove a minor child of the parties from California without the other parent’s prior written consent or a court order. A parent also cannot apply for a new or replacement passport for the child without the required consent or court authorization.

These restrictions do not themselves create a complete child custody or visitation schedule. If parents need orders determining where a child will live, when each parent will have parenting time, or how other custody issues will be handled, those matters may require separate California child custody orders.

The ATROs also require notice concerning extraordinary expenditures. A spouse generally must notify the other spouse of a proposed extraordinary expenditure at least five business days before incurring it and must account to the court for such expenditures.

Conclusion: The Restrictions Begin Early in the California Divorce Process

Automatic temporary restraining orders can affect a spouse’s conduct from the beginning of a California divorce. They restrict specified transactions involving property and insurance, prohibit certain actions involving minor children, and impose requirements concerning extraordinary expenditures. Because these provisions are enforceable court orders rather than suggestions or general precautions, understanding when they become effective and what conduct they prohibit is an important part of complying with the divorce process.