Automatic Temporary Restraining Orders (ATROs) in San Diego Divorce Cases

Navigating Automatic Temporary Restraining Orders in San Diego Divorce Cases

At the start of every San Diego divorce case, Automatic Temporary Restraining Orders (“ATROs”) take effect. As the name suggests, these restraining orders are automatic and restrain both parties. Both parties are given notice of these orders as they are listed on the back of the Summons, which is one of the first documents filed in a divorce case. The Summons states:

If any of these restraining orders is violated, the noncomplying party may face harsh penalties from the court. ATROs fall into four basic categories: (1) minor children, (2) insurance coverage, (3) all property, and (4) instruments, other than wills, which transfer property upon death.

Speak with a qualified restraining order attorney today—schedule a consultation online or call (858) 422-1377 to discuss your case.

Minor Children

Pursuant to the ATROs, upon filing for divorce in California, neither spouse may take a minor child of the marriage outside of California. However, if the child is already residing out of state, the parties are not required to return him or her to California. If you or your spouse has filed for divorce and you wish to take your child out of state for a vacation or to visit family, you must get written permission from the other parent or a court order.

These restrictions can come as a surprise, especially if one parent has historically handled most of the travel with the children or has extended family in another state. Judges in San Diego County take these automatic orders seriously because they are designed to prevent a parent from moving a child away and creating a new status quo before the court can evaluate what arrangement is truly in the child’s best interest. Before making plans, it can be helpful to talk with a family law attorney in San Diego about your specific custody orders, your parenting schedule, and the safest way to request temporary modifications if a trip or relocation is truly necessary.

In some situations, parents are able to work out a written agreement that allows limited travel while the divorce is pending. When that happens, it is generally wise to be very clear about dates, locations, and how the child will communicate with the non-traveling parent. Having a clear, written agreement that can be shown to the court if questions arise offers more protection than a casual verbal understanding. This type of careful planning can also reduce conflict and help the court view both parents as focused on stability and cooperation rather than trying to gain an advantage.

Insurance

To maintain the “status quo” of the parties during a divorce, the ATROs require that neither party cancel important insurance policies, such as health insurance. Divorces can take months or even years to complete. During that time, the parties may be uncertain about future requirements to become employed and their monthly income. This restraining order ensures that all health insurance and car insurance policies remain intact during that time.

These protections typically apply not only to medical and automobile coverage, but also to other key policies such as homeowner’s insurance, renter’s insurance, and, in some cases, certain life insurance policies. Sudden changes to coverage can leave a spouse or children exposed to significant financial risk if an accident, illness, or property loss occurs while the case is pending. Courts in San Diego will often look closely at any attempt to alter or drop coverage to determine whether one party was trying to gain leverage or create hardship for the other.

If you are the spouse who maintains the family’s policies, it can be confusing to know what routine changes are allowed and what might be viewed as a violation of these automatic restraining orders. For example, updating beneficiaries or changing coverage levels can have serious consequences if done without notice or permission. Discussing proposed changes with counsel before you act can help you avoid accusations of misconduct and preserve your credibility with the judge, while still allowing you to comply with insurer deadlines or employment-related enrollment periods.

All Property

Although parties may be tempted to begin moving around and liquidating assets after a divorce is filed, this is strictly prohibited by the ATROs. Spouses are required to maintain the “status quo” and refrain from transferring or selling any property during the pendency of a divorce. There are only two exceptions to this restraining order: (1) the usual course of business and (2) the necessities of life. In rare circumstances, a spouse may transfer or sell property as long as it is not out of the ordinary or done in order to provide necessities. It is important to note that both separate property and community property are restrained.

Examples of conduct that may or may not be allowed under this restraining order include:

• Continuing regular payments such as mortgage, rent, utilities, and routine credit card bills that were already part of the household budget.
• Making ordinary purchases for groceries, clothing, school expenses, and other day-to-day needs that are consistent with past spending patterns.
• Avoiding large withdrawals of cash or transfers to new accounts that are not disclosed to the other spouse or the court.
• Refraining from gifting assets to friends or family members, including transferring vehicles or removing names from titles without agreement or a court order.
• Seeking court guidance before selling or refinancing major assets such as a home, investment property, or business interests while the divorce is pending.

Many people are unsure what “status quo” actually means in this context. In practice, courts generally permit spouses to continue paying regular bills, making ordinary purchases, and operating existing bank or brokerage accounts in the way they did before the divorce was filed. What is not permitted is moving funds into new accounts without disclosure, withdrawing large sums of cash, transferring assets to friends or family, or selling valuable items without notice. When judges in the San Diego Superior Court see a sudden change in spending or unexplained withdrawals after the filing date, they may infer an attempt to hide or dissipate community assets.

Business owners often have additional questions about how these rules apply when they must make payroll, pay vendors, or enter into new contracts to keep their company running. In those situations, courts typically look at patterns of past conduct and whether proposed transactions appear to be in the ordinary course of business. If you are unsure whether a planned transaction could be challenged, you may benefit from obtaining a court order that clarifies what is permitted, rather than risking a later finding that you violated the restraining orders and must account for, or even reimburse, disputed transfers.

Instruments Which Transfer Property at Death

Spouses may not create or change existing “non-probate transfers.” A non-probate transfer is an instrument, other than a will, that transfers property at death. Most commonly, this restraining order refers to trusts. However, spouses may enter into written agreements or seek a court order to make changes.

Common types of non-probate transfers affected by these orders include:

• Revocable living trusts that hold real estate, investment accounts, or other significant assets for the benefit of one or both spouses.
• Payable-on-death or transfer-on-death accounts at banks or brokerage firms that name a beneficiary to receive funds directly when an account holder dies.
• Retirement accounts and pensions that allow a spouse to designate who will receive remaining benefits after death.
• Certain life insurance policies where changing the named beneficiary could significantly alter the financial expectations of the other spouse.

These rules can also affect beneficiary designations on accounts such as retirement plans, payable-on-death bank accounts, and certain forms of life insurance. While some limited updates may be allowed, unilaterally removing a spouse as a beneficiary without an agreement or order can lead to later disputes and possible court sanctions. Judges will often consider whether a change was made to protect an asset for the benefit of minor children or to improperly cut the other spouse out of a financial interest that should be addressed as part of the overall property division.

Because estate planning and family law intersect so directly in this area, it is common for clients in San Diego to need coordinated advice from both a family law attorney and, in some cases, a trusts and estates lawyer. Together, they can help evaluate what changes are necessary to keep your overall plan current without running afoul of the automatic restraining orders. Taking that extra step can reduce the risk of unintended consequences, such as leaving assets to outdated beneficiaries or creating conflicts between different court orders.

How Automatic Restraining Orders Relate to Other Protective Orders

People often confuse ATROs with other types of court orders, such as domestic violence restraining orders or civil harassment orders. Automatic Temporary Restraining Orders apply in every divorce or legal separation filed in California and focus on preserving children’s routines, property, and insurance coverage. By contrast, a domestic violence restraining order is obtained through a separate process when there are allegations of abuse, threats, or stalking, and it can include orders to stay away, move out, or have no contact. Understanding which type of order applies to your situation can help you decide whether you need to take additional steps beyond what the divorce filing already puts in place.

In San Diego County, requests for domestic violence restraining orders are typically heard at the same San Diego Superior Court locations that handle family law matters, such as the central courthouse and the North County division. This means there can be overlap between the judge who is managing your divorce and the judge who reviews any request for protection from abuse. When both types of orders are in play, the court will usually try to coordinate them so they do not conflict with each other. Talking through your concerns with a restraining order attorney San Diego residents turn to for guidance can help you decide whether seeking a separate protective order is appropriate in addition to the automatic orders that already apply in your case.

Automatic Temporary Restraining Orders are a complex area of family law. Violation of these orders is taken very seriously by San Diego Family Court judges. It is advisable to consult with an experienced family law attorney if you have any questions on this matter.

Frequently Asked Questions

Do Automatic Temporary Restraining Orders Apply As Soon As I File?

For the spouse who files the case, the automatic orders become effective when the Summons is issued by the court. For the other spouse, the orders take effect when they are formally served with the Summons and Petition. From that point forward, both parties are expected to follow the orders, even if they have not yet appeared in court. Failing to comply early in the case can affect how the judge views later requests about support, custody, or property division.

Can We Agree To Change Some Of The Automatic Restraining Orders?

Spouses can sometimes agree in writing to modify how the automatic orders apply in their particular situation. For example, they might allow a planned sale of a home or agree that one parent will take the children on an out-of-state trip. Any such agreement should be clear, signed by both parties, and consistent with California law so that it can be presented to the San Diego Superior Court if questions arise. In more complex situations, it may be safer to request a formal court order approving the changes.

What Happens If One Spouse Violates An Automatic Restraining Order?

When a judge finds that a party has willfully violated an automatic restraining order, the court has several tools it can use to respond. These can include ordering the person to return property, pay financial sanctions, or reimburse the other spouse for attorney’s fees incurred because of the violation. In serious situations, a violation might also influence how the court rules on credibility issues or future requests regarding support or custody. Bringing documentation of the conduct to your attorney can help them decide whether it should be raised with the court.

Need a restraining order attorney? Schedule a consultation online or call (858) 422-1377 in Del Mar, Carmel Valley, North County, or San Diego.