Is Violating the standard ATROS ever justified?
What are ATROs?
Automatic Temporary Restraining Orders (ATROs) are standard orders issued in California family law proceedings, such as dissolution of marriage, legal separation, or nullity. These orders are designed to preserve the status quo by restraining parties from transferring, encumbering, or disposing of property, among other actions, without consent or court approval. However, there are specific circumstances under which actions that might otherwise violate ATROs are permissible. This brief outlines those circumstances, relying on statutory guidance and relevant legal principles.
General Scope and Effectiveness of ATROs
ATROs become effective against the petitioner upon filing the family law petition and against the respondent upon service of the summons. These orders remain in effect until a judgment is entered, the petition is dismissed, or the court orders otherwise. ATROs generally prohibit the disposition of property without written consent or a court order, except in the usual course of business or for necessities of life.
Exceptions to ATROs for Necessities of Life and Legal Representation
California law explicitly allows certain exceptions to ATROs. For instance, a party may use community property, quasi-community property, or separate property to pay reasonable attorneys fees to retain legal counsel in the action. However, if community or quasi-community property is used for this purpose, the party must account to the community for the use of the property. This exception ensures that parties can access legal representation without violating the restraining orders.
Modification or Dissolution of ATROs
A court may modify or dissolve an ATRO upon notice and a showing of specific circumstances. These include a material change in the facts upon which the ATRO was granted, a change in the law, or a determination that the ends of justice would be served by the modification or dissolution. This statutory provision provides a mechanism for parties to seek relief from ATROs when justified by changed circumstances or other compelling reasons.
Actions in the Usual Course of Business or for Necessities of Life
ATROs do not prohibit actions taken in the usual course of business or for the necessities of life. This exception recognizes that certain actions, such as paying bills or conducting routine business operations, are essential and should not be restricted by the restraining orders.
Judicial Discretion and Good Cause
In addition to the statutory exceptions, courts have discretion to issue orders that may override ATROs upon a showing of good cause. For example, courts may issue protective orders or other relief that modifies the scope of ATROs to address specific circumstances, such as protecting the welfare of children or other dependents.
Conclusion
While ATROs are designed to maintain the status quo during family law proceedings, California law provides several exceptions and mechanisms for modification. Actions taken in the usual course of business, for necessities of life, or to pay reasonable attorneys fees are permissible under ATROs. Additionally, courts may modify or dissolve ATROs upon a showing of changed circumstances or good cause. These provisions ensure that ATROs serve their intended purpose without unduly restricting the parties ability to meet essential needs or access legal representation.
By adhering to these statutory guidelines and seeking court approval, when necessary, parties can navigate the restrictions imposed by ATROs while protecting their rights and interests
This BLOG Is Intended For Information Purposes Only And Is Not Intended To Be Legal Advice. For a free consultation contact livingstonelawsd.com and complete our online form or call (619) 702-1513.
