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.

A party may create an unfunded revocable or irrevocable trust and execute and file a disclaimer that declines, refuses, renounces, or disclaims any interest otherwise taken by a beneficiary.