Many people don’t realize that when they file for divorce, separation, or a paternity action, the summons issued contains an automatic temporary retraining orders (ATROS) that applies to both parties. People assume that a temporary restraining order only applies to divorces that have domestic violence involved. ATROS is a bit different than a protection order, but applies to children and assets that are involved in your legal matter.
ATROS and Child Custody
ATROS applies to both parties and their custody of the child or children involved. ATROS prevents you from moving the child out of state without permission from the court. If you are already living out of state when the petition is filed, it likely does not apply to your situation. If you have questions regarding your child custody situation, it is best to ask your attorney.
ATROS and Assets
During a divorce, all your assets ‘freeze’ and you cannot change community property aside from normal day-to-day expenses. You cannot transfer, cancel, or change beneficiaries on your insurance coverage until your divorce is complete. If you are caught trying to transfer or hide money or community property away from your partner, you can face big consequences from the court. The court tries to be as fair as it can to both parties in a dissolution matter. It can only do that if it can adequately assess assets and divide them according to law.
How Long Does the ATROS Remain in Effect?
The ATROS stays in effect until your final judgment, the case is dismissed, or the court modifies an order. If you have a question regarding an ATROS, it is crucial that you immediately discuss it with your attorney rather than taking action. Violating the ATROS can negatively impact your case, even if you didn’t realize your actions violated the order.