What Are the Automatic Temporary Restraining Orders In Summons (ATROS) in California?
The Automatic Temporary Restraining Orders (ATROS) are mutual orders, which are summarized on the page 2 of the Summons (form FL-110).
Only a few people actually read the Automatic Temporary Restraining Orders (ATROS). It is important to know that a failure to comply with Automatic Temporary Restraining Orders (ATROS) can result in contempt citations or allegations for breach of fiduciary duty.
Petitioner becomes bound by the Automatic Temporary Restraining Orders (ATROS) upon filing the Summons with the Court.
Respondent becomes immediately bound by the Automatic Temporary Restraining Orders (ATROS) upon service of the Summons issued in a dissolution, legal separation, nullity or paternity action.
The Automatic Temporary Restraining Orders ATROS remain in effect until a final Judgment is entered, the Petition is dismissed, there is a Court Order for termination or modification, there is a written consent of the other party or a written agreement between parties.
The Automatic Temporary Restraining Orders (ATROS) include the following orders:
1. Restraining both parties from removing the minor child or children of the parties, if any, from the state, or from applying for a new or replacement passport for the minor child or children, without the prior written consent of the other party or an order of the court.
2. Restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of, any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of proposed extraordinary expenditures at least five business days before incurring those expenditures and to account to the court for all extraordinary expenditures made after service of the summons on that party.
3. Restraining both parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their child or children for whom support may be ordered.
4. Restraining both parties from creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court.
Parties are NOT restrained from doing the following:
1. Using community property, quasi-community property, or the party’s own separate property to pay reasonable attorney’s fees and costs in order to retain legal counsel in the proceeding.
2. Creation, modification, or revocation of a will.
3. Revocation of a nonprobate transfer, including a revocable trust, pursuant to the instrument, provided that notice of the change is filed and served on the other party before the change takes effect.
4. Elimination of a right of survivorship to property provided that notice of the change is filed and served on the other party before the change takes effect.
5. Creation of an unfunded revocable or a irrevocable trust.
6. Execution and filing of a disclaimer pursuant to Part 8 (commencing with Section 260) of Division 2 of the Probate Code.
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