Automatic Temporary Restraining Orders (ATROs) in Divorce
The moment a divorce petition is filed, a set of court orders may snap into place — automatically. These orders freeze your finances, restrict what you can do with property, and limit decisions about your children. Most people have no idea they exist until they accidentally violate one. Here's what you need to know.
What Are Automatic Temporary Restraining Orders?
Automatic temporary restraining orders — commonly called ATROs — are court orders that take effect the moment a divorce case is filed. Unlike a traditional restraining order that one person requests against another, ATROs apply to both spouses equally and require no hearing, no motion, and no judge's signature. They are built into the divorce process itself.
The purpose is simple: preserve the status quo. When a marriage is ending, there is a powerful incentive for one or both spouses to move money, sell property, change insurance, or take other actions that could harm the other party. ATROs prevent that by freezing the financial and custodial landscape until the court can sort things out.
California's Family Code Section 2040 is the most well-known ATRO statute and serves as the model for many other states. But the concept exists in various forms across the country.
What Do ATROs Typically Prohibit?
While the exact language varies by state, ATROs generally prohibit both spouses from doing the following without the other spouse's written consent or a court order:
Transferring, selling, or hiding property
You cannot sell the house, transfer a car title, move money to a hidden account, or give away marital assets. This applies to both real property and personal property — everything from real estate to investment accounts.
Changing insurance beneficiaries
You cannot change the beneficiary on life insurance policies, health insurance, retirement accounts, or any other policy. The coverage that existed at the time of filing must stay in place.
Removing children from the state
Neither parent can take the children out of state without the other parent's written permission or a court order. This prevents one spouse from relocating with the children to gain a custody advantage.
Destroying documents
Financial records, tax returns, bank statements, property deeds, insurance policies, business records — none of these can be destroyed, altered, or concealed. Both parties need access to accurate financial information for a fair settlement.
Incurring unusual debt
Taking on new debt beyond what is necessary for ordinary living expenses is prohibited. You cannot max out credit cards, take out new loans, or make large purchases that could deplete marital assets or burden the other spouse with debt.
When Do ATROs Take Effect?
The timing depends on which side of the divorce petition you are on:
- ✓Petitioner (the spouse who files): ATROs take effect immediately upon filing the divorce petition with the court. From the moment you file, you are bound by these orders.
- ✓Respondent (the other spouse): ATROs take effect when you are formally served with the divorce papers. Until you are served, the orders do not apply to you — but once service happens, you are bound immediately.
Important: The clock starts at different times.
This timing gap matters. The petitioner is bound from day one, but the respondent may not be bound for days or weeks — until service is completed. During that gap, the respondent is technically free to act. This is one reason some attorneys advise filing quickly if there is concern that the other spouse may attempt to move assets.
Consequences of Violating an ATRO
Courts take ATRO violations seriously. Even if you did not know the orders existed, ignorance is generally not a defense — the orders are printed on the divorce paperwork itself. Possible consequences include:
- •Contempt of court — a finding of contempt can result in fines, sanctions, or even jail time in extreme cases
- •Monetary sanctions — the court can order you to pay the other spouse's attorney fees incurred in addressing your violation
- •Restoration orders — you may be ordered to undo whatever you did: return transferred money, reinstate insurance policies, or restore property to its original state
- •Adverse inference at trial — the judge may assume the worst about your intentions, which can affect property division, custody, and other rulings
- •Criminal penalties — in severe cases involving asset concealment or fraud, criminal charges may apply
Common Accidental Violations
Most ATRO violations are not malicious. They happen because people do not realize that routine financial actions are now restricted. Here are the most common accidental violations:
Canceling a joint credit card
It seems logical to protect yourself from your spouse's spending. But closing a joint credit card changes the financial status quo and can violate the ATRO. Instead, contact the card issuer about reducing the credit limit or freezing the account — with court permission.
Removing a spouse from health insurance
During open enrollment or after a life event, you might think about dropping your spouse from your plan. Do not do this while ATROs are in effect. Both spouses must maintain existing insurance coverage until the court orders otherwise.
Spending from joint accounts
You can still spend money on ordinary living expenses — rent, groceries, utilities, childcare. But large or unusual purchases (a new car, expensive vacation, lavish gifts) can be challenged as ATRO violations.
Changing retirement account beneficiaries
After learning about the divorce, many people rush to change the beneficiary on their 401(k) or IRA. This is a clear ATRO violation. The beneficiary designations that existed at the time of filing must remain until the court rules on property division.
Transferring money to a separate account
Moving a large sum from a joint account to a personal account — even if you believe you are “protecting” your share — is exactly what ATROs are designed to prevent. If you need to set aside funds, get court approval first.
How ATROs Differ from Protective Orders
People often confuse ATROs with protective orders (sometimes called restraining orders or orders of protection). They are fundamentally different:
- •ATROs apply to both spouses equally. They restrict financial transactions and parental relocation. They are automatic and require no separate request.
- •Protective orders are requested by one spouse against the other, typically due to domestic violence, threats, or harassment. They restrict physical contact, proximity, and communication.
An ATRO will not protect you from physical harm. If you are in danger, you need a separate domestic violence protective order, which requires filing a request with the court and typically involves an emergency hearing. If you are in immediate danger, call 911 first.
Exceptions: What You Can Still Do
ATROs are not meant to freeze your life completely. There are important exceptions that allow you to continue functioning:
- ✓Ordinary living expenses — rent or mortgage payments, groceries, utilities, gas, medical bills, childcare costs, and other routine expenses are permitted
- ✓Attorney fees — you are allowed to use marital funds to pay for legal representation in the divorce
- ✓Business operations — if you own a business, you can continue normal business operations, payroll, and ordinary expenses
- ✓Actions with written consent — if both spouses agree in writing to a specific transaction, it is generally permissible
- ✓Court-approved actions — you can request the court's permission to take an action that would otherwise violate the ATRO
What If You Need to Do Something Prohibited?
Sometimes legitimate needs arise that conflict with ATROs. Maybe you need to sell a jointly owned vehicle to afford a new apartment. Maybe you need to refinance the mortgage. Maybe you need to take the children to visit family in another state. The answer is always the same:
Get court permission first.
File a motion with the court explaining what you need to do and why. Your attorney can help you draft and file this motion. In many cases, courts will grant permission if the request is reasonable and does not harm the other party. Never act first and explain later — that is the fastest path to a contempt finding.
Alternatively, if you and your spouse are on speaking terms, you can get their written consent for a specific action. A signed agreement between both parties documented through your attorneys is usually sufficient. Keep a copy of any consent for your records.
State-by-State Variations
Not every state handles ATROs the same way. The concept of automatic orders in divorce exists nationwide, but the scope, timing, and enforcement vary significantly:
- ✓California — the gold standard. Family Code 2040 includes comprehensive ATROs covering property, insurance, children, and documents. Printed on the summons itself.
- ✓Connecticut — automatic orders take effect upon service of process, covering assets, debts, insurance, and children.
- ✓Texas — has a standing order system in many counties. Not statewide, but most major counties (Harris, Dallas, Bexar, Travis) have local standing orders that function similarly to ATROs.
- ✓New Jersey — automatic restraints go into effect upon filing, prohibiting asset dissipation and changes to insurance or beneficiaries.
- ✓Colorado — automatic temporary injunctions take effect for the petitioner at filing and for the respondent at service.
- ✓Other states — many states without automatic orders require the filing spouse to request a temporary restraining order from the court, which involves a hearing. The protections are similar, but the process is not automatic.
Because the rules vary so much, it is critical to understand what applies in your specific state. An attorney licensed in your jurisdiction can tell you exactly which orders are in effect and when they begin.
What to Do Right Now
Whether you are about to file for divorce or were just served with papers, here are the immediate steps you should take regarding ATROs:
- 1.Read the summons carefully. In many states, ATROs are printed directly on the divorce summons. Read every word. Understand exactly what you can and cannot do.
- 2.Do not make any sudden financial moves. Do not transfer money, close accounts, cancel cards, or change beneficiaries. When in doubt, do nothing and call an attorney.
- 3.Document everything. Take screenshots of all bank accounts, investment accounts, credit card balances, insurance policies, and retirement accounts. This creates a baseline in case your spouse violates the ATRO.
- 4.Consult an attorney immediately. ATROs are nuanced and state-specific. A family law attorney can explain exactly what applies in your situation and help you navigate any legitimate needs that conflict with the orders.
- 5.Keep records of your compliance. If your spouse later accuses you of violating ATROs, having documentation of your actions and their ordinary nature is your best defense.
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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Automatic temporary restraining orders vary significantly by state and jurisdiction. The information above provides general guidance but your specific situation may differ.
Always consult with a licensed family law attorney in your state for advice specific to your circumstances. If you are in immediate danger, call 911. For crisis support, contact the National Domestic Violence Hotline at 1-800-799-7233.