Why are there Temporary Restraining Orders in a Carlsbad Divorce?

Pierre Domercq Divorce

“I’ve just been served divorce papers in Carlsbad and there are restraining orders on the back of the summons. Why are there temporary restraining orders and how much do they really limit me?”
The shock of being served divorce papers is disruptive for most people, even when they are expected. However, many are surprised by the Automatic Temporary Restraining Orders (often referred to as ATROs) listed on the back of the summons. What are the Automatic Temporary Restraining Orders and how important is it to follow them?
The short answer is: “They are extremely important. Follow them to the letter.”
ATROs protect both parties at the outset of a divorce. The Court is ordering that neither party take any action that is adverse to the “community” without the advance permission of the Court and without notifying the other in writing in advance.
You may not remove a child from the State of California. This prevents relocation and move-away cases and preserves the jurisdiction or “venue” of the local Court for child custody and parenting time. This does not apply to those who already have custody outside of California. If the child lives outside of California at the time of the summons they do not have to be returned.
ATROs also place substantial limitations on financial transactions and borrowing activities. You may not pledge any community assets as collateral for a loan or security for a debt. You cannot withdraw funds from a community bank or investment account and deposit them into an account that is just in your name. You cannot make any major purchases without providing five business days advance written notice to the Court and your former spouse that you intend to do so.
You may not cash or borrow against any insurance policies or modify existing insurance policies. This prevents either party from removing the other from health insurance coverage or modifying the beneficiary of existing policies, or transferring or modifying coverage in any way. This applies to all forms of insurance including life, auto, health and medical and disability insurance.
Automatic Temporary Restraining Orders can be modified or removed by the Court at any point during the process of your divorce. There are some actions you can take while under the ATROs, but keep in mind the “fiduciary duty” you owe to your former spouse, and that any action you take can result in sanctions against your interests in the divorce, and deductions from your portion of the community property.