Restraining Orders
In addition to the domestic violence and civil harassment restraining order, other types of restraining orders may be issued by the family courts in order to maintain the status quo in the case.
Usually when a party files for a divorce petition, there is an automatic temporary restraining order. These ATROS becomes effective upon service of the summons. The automatic temporary restraining orders prohibits the following:
- Removing any minor child or children of the parties from the State of California without the prior written consent of the other party or an order of the court;
- Prohibiting either party from cashing, borrowing, canceling, disposing or changing the beneficiary of any insurance (health, automobile or life)
- Transferring, encumbering, hypothecating, concealing, or disposing of any property real or personal without the written consent of the other party or by Court order.
- Creating or modifying a non-probate transfer without the written consent of the other party or order of the Court.
Violating any of the above-mentioned automatic restraining orders can subject the violator to contempt proceedings. In addition, it may be necessary to obtain specific restraining orders through an OSC (Order to Show Cause) depending on the circumstances of your case. For example, if your spouse threatens to take your child away to another state or another country. It may be necessary to obtain a restraining order from removing your child from the state or the county. Another example is if your spouse is in control of a large sum of liquid assets which is at risk of being transferred. You may obtain a specific order prohibiting the transfer or an order transferring it to an interest bearing trust account pending the divorce.