Automatic Restraining Orders (ATROs) - Exceptions

Automatic Restraining Orders (ATROs) - Exceptions

When a person files for dissolution (divorce), under Family Code section 2040 California imposes standard (Automatic) Temporary Restraining Orders (“ATROs”). Primarily the ATROs prohibit either party from removing a minor child of the parties from the state.

The ATROs also serve as a property restraint.  The ATROs prevent a party from creating or modify an instrument, other than a will, that makes a transfer of property on death.

If a party violates the restraining orders, he or she can face a contempt action with the aggrieved party entitled to potential restitution and attorney’s fees. Under Family Code Section 233, the ATROs remain in effect the final judgment of dissolution is entered.

The ATROs prevent no person from creating, modifying, or revocation a will because a will is nothing more than testamentary intention of the party and not an actual transfer of property.