When a California divorce or legal separation begins, certain restrictions can take effect automatically through the family law summons. These are known as Automatic Temporary Restraining Orders, or ATROs. Unlike a Domestic Violence Restraining Order, ATROs are a standard part of marital proceedings and are designed to preserve important financial and family circumstances while the case is pending.

ATROs Take Effect at Different Times for Each Spouse

The timing of the automatic orders depends on whether the person is the petitioner or respondent.

For the petitioner—the spouse who starts the California divorce—the ATROs become effective when the petition is filed and the summons is issued.

For the respondent, the restrictions generally become effective when that spouse is personally served with the petition and summons or accepts or waives service.

Once effective, the ATROs remain binding until a final judgment is entered, the petition is dismissed, or the family court enters another order affecting them.

A spouse may ask the court to modify or revoke an automatic temporary restraining order. Until the court does so, however, the existing restrictions must be followed.

ATROs Restrict Certain Property and Insurance Transactions

One major purpose of the ATROs is to prevent significant changes to property while the divorce is pending.

Once the restrictions apply, spouses generally cannot transfer, encumber, conceal, dispose of, or change beneficiaries involving 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 important exceptions. Transactions may be permitted in the usual course of business or for necessities of life. The ATROs also do not prevent the use of property for reasonable attorney fees and costs associated with the family law proceeding.

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

These provisions help prevent one spouse from making significant unilateral financial changes while the parties’ rights are being determined.

The Orders Also Protect Against Certain Actions Involving Children

ATROs contain important restrictions involving the parties’ minor children.

A parent subject to the orders generally cannot remove the parties’ minor child from California without the other parent’s prior written consent or a court order.

The restrictions also prohibit applying for a new or replacement passport for a minor child without the required written consent or court authorization.

This does not mean the ATRO automatically requires the return of a child who was already outside California when the family law summons was issued. Whether a California family court can or should order a child’s return can involve separate custody and jurisdiction questions.

ATROs should also be distinguished from a complete parenting plan. They do not establish the entire child custody and visitation schedule. Parents may still need custody orders addressing where the child lives, parenting time, exchanges, holidays, and decision-making authority.

Automatic Does Not Mean Optional

Because ATROs appear as standard restrictions in California marital proceedings, it can be easy to underestimate their importance. They are enforceable court orders once they become effective against a particular spouse. Actions involving property, insurance, beneficiaries, passports, or taking children outside California should therefore be evaluated carefully while a divorce or legal separation is pending. The restrictions continue until they end through judgment, dismissal, or another court order.