What Is An Automatic Restraining Order In Divorce?

If you’re filing for divorce in California, there are a few things you should know. Some of these temporary restraining orders (TROs) automatically take effect at an early stage of the divorce process.

First, it should be noted that these temporary restraining orders are different from the more common temporary restraining orders. If there’s a threat of domestic violence, a judge can sign a restraining order, but that’s another story. Automatic restraining orders apply to all divorces in California, and their main purpose is to make changes that could affect the outcome of a divorce settlement.

An automatic revocation order prevents the person involved in the divorce from doing any of the following

• Remove their minor children out of state or apply for a passport for their children without the consent of either spouse or a court order.
• Change in any way to an insurance policy held by a spouse or minor child. Insurance policies include health, life, motor, disability and other insurance policies.
• Sell, give, hide or lease any real or personal property without the consent of a spouse or a court order. The only exceptions are in the normal course of business or when necessary needs are met.
• Making or changing an unrelated transfer of property without the consent of the other spouse or a court order (for example, setting up a revocable or irrevocable trust).

In addition to these orders, each spouse must notify the other of any planned special charges at least five business days prior to purchase. If these purchases were made after the effective date of the interim order, the court must be notified.

What is the purpose of automatic revocation?

You may have noticed that the restraining order involves a couple’s children and property. It is no coincidence that these two factors are at the heart of divorce mediation. The general purpose of automatic restraining orders is to prevent one spouse from taking drastic action to interfere with the rights of the other.

Because divorce is highly contentious, one partner may try to flee to another state, or even a foreign country? A vindictive spouse may try to exclude the other spouse or their children from insurance that protects their children and provides them with important benefits. One partner may also empty bank accounts or hide assets so that the other has as little access to joint assets as possible.

The automatic TRO is designed to prevent all of these situations. In this way, the possibility of a fair divorce is guaranteed.

When does the automatic ORR take effect?

Each spouse automatically kicks in at different times. For a spouse who files for divorce, the order will take effect from the date he or she files for divorce. The spouse receiving the divorce petition is not eligible for an automatic revocation order until after signing the divorce papers.

Automatic revocation orders are valid until one of the following occurs

– The judge modifies or quashes the order.

– The divorce suit was dismissed

– The divorce is final

What can I do if I am going through a divorce?

Automatic injunctions are designed to protect the rights of both spouses against any attempt to unfairly alter the outcome of a divorce settlement. However, these orders are not intended to interfere with a spouse’s daily life.

If there is an automatic injunction, the spouse can

• Take the kids on vacation in California
• Buy or sell what they are normally able to buy or sell
• To revoke, amend or make a will.

Note that many automatic enrolls impose restrictions if one party does not have the other party’s consent. One spouse may, with the consent of the other, engage in certain prohibited activities. This can happen if a couple agrees to sell their house or other valuable property during the divorce process.

Do you need help with your divorce?

Whether you’re going through a divorce or have received divorce papers, it’s important to talk to an experienced attorney as soon as possible. By protecting your rights early in the divorce, you can ensure that you get a final settlement that meets your needs.

At Spodek Law Group, we are able to provide our clients with experienced legal assistance at every stage of the divorce process. We work on behalf of our clients to ensure that their interests are considered throughout the process and that the system treats them fairly.