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Untying the Knot is brought to you by the Men's Legal Center and was created to be an information resource to anyone going through a family law and divorce process. Each video is produced by a California Certified Family Law attorney and his team who each have decades of knowledge and experience.
Automatic Restraining Orders (ATROs) are a group of civil orders that affect any
party in any action involving dissolution, legal separation, dissolution of registered
domestic partnership, or nullity of marriage. The purpose is to attempt to stall the
custodial and financial situation of the parties so their custodial and financial
circumstances can be untangled with court supervision during the dissolution process.
They prevent parties from engaging in retaliatory moves against the other party.
Failure to abide by them may result in civil and/or criminal penalties. ASTROS
restrains several areas including children, property, living expenses, etc. Both parties
are restrained from removing any minor child(ren) from California unless both parties
agree to the same in writing or a court order.
Both parties are prohibited from transferring, encumbering, hypothecating,
concealing, or disposing of any real or personal property in any way, unless both parties
agree to the same in writing or the court makes an order allowing a specific action. The
only exception is if reasonable action is needed to continue with the regular course of
business or for life’s necessities.
Each party is restrained from cashing out, borrowing against, canceling,
transferring, disposing of, or changing the beneficiaries of other coverage, including but
not limited to that related to life, health, automobile, and disability insurance. This
means that if Wife carried Husband on her health insurance and paid for any other
coverage for him and/or the family, she must continue to maintain all coverage until a
written agreement between the parties provides otherwise, or further court order.
Pursuant to the Family Code, if a party violates the ATROS, he/she could also be
found in “contempt” of court. This means that a party has willfully disobeyed the law. If
a party is found in contempt of court for violating the ATROS, he or she could be subject
to civil penalties, criminal penalties, or both.
In the event that a party violates the ATROS without intending to do so, which
results in an impairment of the other spouse’s undivided one-half interest of the
community property, that Court may find that the party breached his or her fiduciary duty
to the other to maintain community assets. Therefore, the impaired spouse becomes
eligible for fiduciary duty remedies under the Family Code. ATRO violations, in some
cases, could subject the violator to criminal penalties set forth in the California Penal
Code.
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25 окт 2024
