Automatic Restraining Orders (ATROs) - Exception

Automatic Restraining Orders (ATROs) - Exception

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 transferring, encumbering, concealing or disposing of any property, regardless whether it may be characterized as community or a party's separate property, without the written consent of the other party or court order. 

There is an exception to this prohibition.  The ATROs prevent no party from using community property, quasi-community property, the party's own separate property, or even the separate property of the other spouse to pay reasonable attorney's fees and costs to retain legal counsel.  However, a party must account for the property.