VIOLATIONS OF THE AUTOMATIC RESTRAINING ORDER IN DIVORCE.
VIOLATIONS OF THE AUTOMATIC RESTRAINING ORDER IN DIVORCE.
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VIOLATIONS OF THE AUTOMATIC RESTRAINING ORDER IN DIVORCE.

| Oct 28, 2018 | Firm News

ATROs are a set of four orders that automatically go into effect when a divorce action is initiated. They are written on the back (page two) of the FL-110 form, also knowns as a “summons.” On the back of the summons, they are now called Standard Family Law Restraining Orders. That’s the same thing as what we call ATROs. The summons is that document served with the divorce petition.

There is no need for either spouse to actually seek them to get these temporary restraining orders (hence the word “automatic”). When the petitioner spouse files the divorce petition, the ATRO binds both  parties.

The automatic temporary restraining orders prevent both spouses from removing their children from the State without consent or court order.  The automatic temporary restraining orders tell each spouse they are restrained from “transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate,” once again without the other spouse’s written consent or a court order.

There are exceptions.  To assert a violation, the complaining spouse has to bring a contempt action and afford the other spouse Due Process of law.  The proceedings are quasi-criminal and the burden of proof is beyond a reasonable doubt.  Sanctions can be issued, however, without notice and a hearing, this could not be accomplished.

When it comes to a divorce and property issues are at stake, you need a highly skilled attorney as your advocate and adviser.

Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights  discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.

* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law.  Robert D. Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California.  Robert Rodriguez has practiced in the State of California Court of Appeal.

LEGAL ADVERTISEMENT – Robert Rodriguez Best Divorce & Family Law Attorney in Pleasanton California.