Automatic Temporary Restraining Orders

Going through a divorce is an emotional experience. Often, the parties have lost trust in one another and fear they will suffer financially. An impending divorce can incite an effort to secure resources from the marriage.

Once divorce proceedings are initiated, several court orders automatically go into effect to maintain the financial status quo. Under these orders, neither party can make major financial changes or take children out of the state. The court scrutinizes the financial and custodial activities of both parties, and there are serious consequences for violating a court order.

There are five types of restraining orders that are automatically initiated when a party files for divorce. These are called Automatic Temporary Restraining Orders and go into effect without having to be requested.
 

Don’t Transfer Property

Neither party is allowed to transfer, conceal, or take out a loan on real or personal property without a written agreement with the other party. This applies regardless of whether the property is community, quasi-community, or separate.

This applies to assets like houses, cars, bank accounts, cash, and valuable items. It is important that you do not sell or ask someone to hold valuables. If necessary, the court can make specific orders as to the handling of property.

There may be certain exceptions if a party’s job involves buying and selling stocks and assets. It is also acceptable to use community, quasi-community, or separate property to pay for reasonable attorney’s fees and costs. Any such use of money needs to be carefully documented.
 

Don’t Make Changes to Insurance

One of the automatic temporary restraining orders that is intended to protect the interests of the family is that neither party may make any changes to your life, health, car, disability, or any other insurance policies. Don’t change the beneficiaries or transfer the policy. You also cannot borrow against or cancel an insurance policy.
 

Don’t Make Changes to Trusts

You may not make changes to trusts or any nonprobate transfers having to do with property. A nonprobate transfer is different from a will but similarly arranges to transfer property upon death. Exceptions can be made with the written permission of the other party.

You may, however, terminate, modify, or create a new will. You may create an unfunded trust. With the permission of the other party, you may also change the title of property from joint tenancy to a tenancy in common.
 

Don’t Spend a Large Amount of Money

You must notify the other party at least five days ahead of time if you intend to make an extraordinary expenditure. You will need to properly document such an expenditure and disclose it to the court.
 

Don’t Take the Children Out of California

Neither parent may take the children out of the state without written and notarized permission from the other parent. A parent also may not apply for a new passport for the children. This restriction stands until the court makes a final judgment as to custody arrangements.

Ultimately, the court will lift the automatic temporary restraining orders and enter a final judgment as to how finances and child custody arrangements will be handled. Until then, it is very important that you don’t make any major changes.

Automatic temporary restraining orders are very strict, and violating them, whether intentionally or not, can result in serious consequences. Experienced guidance is very important, and you should speak with a family law attorney as soon as possible to avoid any missteps