Westlake Village & Thousand Oaks Divorce Attorney

Understanding Why An Automatic Temporary Restraining Order is Issued During a Divorce

Filing a petition for divorce automatically invokes Automatic Temporary Restraining Orders (ATROs) against both parties in the case. It takes effect the moment the other spouse receives the petition, and is designed to prevent either party from doing something they shouldn't. The ATROs prevents the removal of any minor children from the state, calling in any insurance policies that benefit the spouses and minor children, and disposing of marital assets.

This is not to say that any of this cannot be done when the ATROs are invoked, however doing so would require the other spouse to agree in writing that certain assets can be disposed of or that the parties' children can be taken out of state if necessary. It's best to make agreements such as this with the help of a family law attorney to prevent issues later.

If you have plans for anything that is covered by the ATROs, you should speak with an experienced attorney before filing. Doing anything that violates it means that you can be held in contempt, which in turn causes problems for you during the divorce itself.

If you live in the Westlake Village area, and would like more information about what is involved in a divorce, contact Richard Ross Associates.

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