WHAT ARE ATROS?
ATROs stands for Automatic Temporary Restraining Orders. Alright, now you may be thinking “Why on earth would I have restraining orders in my case?”
All California family law cases for a divorce, dissolution of domestic partnership, or paternity action have temporary restraining orders in place.
So what are they? In short, they are restraining orders that go into effect when the Petitioner files the Summons with the court. The Petitioner is bound by them when they file the case and the Respondent as soon as they are served with the papers.
If your case is for divorce or dissolution of domestic partnership or if it is between unwed parents, the restraining orders are somewhat different as outlined below.
DISSOLUTION OF MARRIAGE OR DOMESTIC PARTNERSHIP
They are actually called Standard Family Law Restraining Orders which can be found on page two of the Summons form FL-110. When you sign your Petition you are signing that you have read and understand the Standard Family Law Restraining Orders. They are as follows.
“Starting immediately, you and your spouse or domestic partner are restrained from:
1. Removing the minor children for the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court;
2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children;
3. Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community , quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and
4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.
You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.”
When going through a dissolution of marriage or domestic partnership it is important that you understand the Standard Family Law Restraining Order and follow them throughout your dissolution process. Not following them can be costly to you. For example, if you remove a spouse from your health insurance against the restraining order, you may be responsible for their medical bills incurred and the court may order you to pay sanctions, and/or to pay for their medical insurance throughout the remainder of the dissolution process.
PATERNITY ACTION (UNWED PARENTS)
The Standard Restraining Order is found on page two of the Summons (Parentage-Custody and Support) form FL-210 and is as follows.
“Starting immediately, you and every other party are restrained from removing from the state, or applying for a passport for, the minor child or children for whom this action seeks to establish a parent-child relationship or a custody order without the prior written consent of every other party or an order of the court.
The restraining order takes effect against the petitioner when he or she files the petitioner and against the respondent when he or she is personally served with the Summons and Petitioner OR when he or she waives and accepts service.
This restraining order remains in effect until the judgment is entered, the petition is dismissed, or the court makes other orders.
This order is enforceable anywhere in California by any law enforcement officer who has received or seen a copy of it.”
It is not uncommon for unwed parents to receive orders for custody and visitation and support and then wait to file a Judgment of Paternity or never file one. This means that both parents cannot go on vacation out of state with the children and if they do without a written agreement, doing otherwise would be a violation of the restraining order.
Think about where you live, are you near the border of another state? Some people leave close to another state and it is not uncommon to cross the border on a weekend trip. You can’t do that without the written consent of the other parent or an order of the court.
Don’t wait or delay getting a Judgment of paternity in your case.
CONTACT THE LAW OFFICE OF SARA S. THOMPSON, PC
If you need assistance in your divorce or custody case, contact Auburn Divorce Lawyer Sara Thompson today.
Law Office of Sara S. Thompson, PC
1624 Santa Clara Drive, Suite 120
Roseville, CA 95661
Placer County Family Law Attorney