Automatic Temporary Restraining Orders (ATROs)

Those are printed on the back of the Family Law Summons and are effective immediately after the service of Summons:

There are four Automatic Restraining Orders ordering:

- Both parties not to travel outside the state without the written consent of the other.

- Prohibiting either party from cashing, borrowing, canceling, disposing or changing the beneficiary of any insurance (health, automobile or life)

- Transferring, encumbering, hypothecating, concealing, or disposing of any property real or personal without the written consent of the other party or by Court order.

- Creating or modifying a nonprobate transfer without the written consent of the other party or order of the Court.

Violating any of the above-mentioned automatic restraining orders can subject the violator to contempt proceedings.

Temporary Restraining Order

It is a Court order of a short duration (usually few weeks) against a spouse prohibiting contact between the restrained person and the protected person.

Those order can be obtained through Ex Parte (requires 24 notice usually before 10:00 a.m. the day before the hearing) or they can be obtained through Order to Show Cause or notice of motion. All temporary restraining orders must be made returnable for Order to Show Cause hearing.

Restraining Order

Those orders are obtained after noticed motion or more commonly by filing Order to Show Cause. Such orders last for duration of several days to several years (if granted by the Court). The restrained person is ordered to show up in the Court and prove by evidence and legal reasoning why the Court should not grant the restraining order against him or her.

Violation of the restraining orders can result in criminal penalties if the restrained person violates the Court order. Restraining orders are most common in domestic violence and abuse cases.

Enforcement

Like custody and support orders, enforcing a restraining order can be accomplished by filing a request with the Court to find the other party in contempt or violation of the restraining order. However, before you seek remedy through the Court, check with your local law enforcement agency and determine their willingness to enforce the order without contempt finding by the Court. Do not neglect to report any violation to the Court in an effort to establish a pattern. This will help you when you ask the Court to find the other person in contempt.