Articles Tagged with restraining orders

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ATROS Automatic Temporary Restraining OrdersWhat is ATROS and what does it have to do with my divorce? Let’s say you have filed a petition for divorce, and your spouse is planning to clean out your savings account in order to move with the kids to another state and reside with the grandparents. Do you have any say in the matter? The short answer is, yes. A good, local attorney can explain your rights in more detail.

ATROS – Family Code Section 2040

ATROS or automatic temporary restraining orders, are included in the Summons of any California divorce. When the Petition for Dissolution of Marriage or Domestic Partnership is signed, the signatory is legally bound to adhere to the matters addressed by the ATROS, which essentially restricts both partners from a number of actions while the divorce is pending.  Included in the list of prohibited activities is removing any minor children from the state. In fact, even applying for a passport without the consent of both parties and the court is not permitted. Section 2040 has a number of additional restrictions that are worth understanding.

Parties are not allowed to transfer, encumber, conceal, or dispose of any property during this time frame without the written agreement of the other party and the court. This includes both community property and separate property, except under very specific circumstances:

  • When it is in the normal course of business, or;
  • If it is none as a necessity for living, or;
  • When the actions are undertaken in order to pay for attorney’s fees related to the divorce.

ATROS Can Restrict Certain Changes

Neither party may make changes to any insurance policies, including automobile, disability, life and health insurance policies. This restricts the ability of parties to:

  • Cash in on or borrow from policies;
  • Cancel policies;
  • Transfer policies;
  • Change beneficiaries on policies.

The parties may not create or modify a non-probate transfer in any fashion that might impact the disposition of property without the written consent of both parties and the court.

Purpose of ATROS

While any part of the ATROS may be modified if there is agreement on the issues, ATROS are in place in order to protect divorcing parties from unethical actions, like concealing or changing one’s financial status during the course of the marriage or sneaking the kids away from one spouse in order to cause distress. Some describe it as a sort of freeze on financial activity for a temporary period. It can be a crucial action, particularly if one party holds more control over assets than the other. In addition to offering a level of protection to divorcing couples. It also provides more clarity as to the value of assets, since little to no changes are allowed to occur during this period. Continue reading →

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violenceDomestic violence is not what most of us thought about while looking forward to this past holiday season. The holiday season and the new year is seen by many as a time of unity and love. But not for everyone. There are those who, spurned and alone, are strangers to the warmth that envelopes so many homes. Feelings of resentment, anger, and vengefulness can bubble up during the holiday season more than at any other time of year. In families, these feelings sometimes lead to violence.  If you were on the receiving end of domestic violence this past holiday season, could it happen again?  You may want to seek legal advice as to how to protect yourself.

Threats Turned to Domestic Violence in California

Sadly, far too often feelings of desperation can lead to deranged behavior that impacts innocent individuals, households, and entire communities:

Three children were killed in front of their mother in September of 2017 in what authorities called a tragic domestic violence incident;

In November of 2017, a gunman killed five and injured ten others in a rampage that occurred after threats toward at least one of the victims.

When You Require Legal Help

If you have been threatened, harassed or stalked, you may need a legal intervention to keep you safe. Remember, violence can occur in many ways:

  • Physical harm due to reckless or intentional behavior;
  • Sexual assault;
  • Inciting fear with irrational behavior, threats, bullying, or stalking;
  • Destruction of property.

Domestic Violence Restraining Orders

If a romance or marriage ended badly, and threats are mounting, you may need to file a domestic violence restraining order. This is appropriate when it involves close family members, as well.  For other relationships that were not as close, such as neighbors or former friends, a civil harassment restraining order may be necessary. Adult dependents and persons aged 65 and above may file an elder or dependent abuse restraining order. Finally, if you are being harassed or stalked at work, you may require a workplace restraining order. Initially, you will apply for a temporary restraining order (TRO) which generally lasts for a couple of weeks, when a hearing will be held to determine whether there is merit in applying a full restraining order.

Expectations of a Restraining Order

Any restraining order requires the person for whom the order was issued to refrain from contacting you or other members of your household.  That means:

  • No calls, texts, emails or visits;
  • No stalking at work or school;
  • No gun possession.

Any violations of the order could result in fines and/or incarceration. Continue reading →

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