Unlike many other states across the nation, California has Automatic Temporary Restraining Orders (ATROS). ATROS are considered to be legal niceties that are issued in order to prevent a party from taking assets or illegally transferring them to a friend or family member. The temporary restraining order is effective upon service of a summons issued.

The following is an overview of how the San Francisco automatic temporary restraining orders work for you:

  1. The California law requires both parties to refrain from transferring or disposing of any property without written consent or an order of the court. 
  2. Under the law, neither party can change or cancel beneficiaries on insurance policies until the petition is dismissed or there is a court order for termination. This includes health, life, auto and disability.
  3. It is required that written permission or a court order must be obtained before taking children out of the state of California.
  4. In San Francisco, a notification of out-of-the ordinary spending is required from either party. These expenditures will need to be explained to the judge.

At Nathan Law Offices, our Marin County divorce lawyers can help you navigate through the steps of divorce. We will walk you through the requirements of the above ATROS as well as additional requirements once you become a party to a dissolution, nullity, or legal separation. If you have questions regarding divorce or family law, contact our office at (866)414-4091.


Paul Nathan
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Marin County California Divorce, Child Support and Custody Lawyer Representing Women Exclusively