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Automatic Temporary Restraining Order-Overview
A restraining order is not just issued in situations involving domestic violence or abuse. Sometimes an automatic restraining order is issued to stop one spouse from selling, transferring or getting rid of part of the marital assets once a divorce process begins. You may ask the court for an ARTO or the court may issue one automatically depending on the county in Texas.
You ask the court for temporary orders by filing a Motion for Temporary Orders. Then the judge will have a temporary orders hearing where you and your spouse can be heard. The temporary orders last until the judge changes the temporary orders or until the judge signs the final orders.
What ATROs can do for children
In a case involving children, temporary orders can include any order necessary for the safety and welfare of the children. They may include:
- Temporary custody (conservatorship)
- Temporary child support
- Healthcare insurance provision including dental or vision insurance policy
- Exchange of financial information to set child support
This helps prevent any of the divorcing parties from removing their children from the state without prior written consent, and from withdrawing financial support for the children.
What an ATRO can do for the Divorcing Parties
An ATRO helps ensure that any property is not concealed, disposed of , or transferred without the written consent of the other party. It does not matter whether the property, real or personal, is community, or quasi-community property. An ATRO helps by stopping both spouses from:
- Taking out a loan on community property
- Pledging a community property as security or collateral for a debt
- Closing a checking account or changing accounts
- Removing items from a safety deposit box and giving them to a third party to keep
- Hiding assets or destroying them
- Transferring or borrowing against property
ATROs also prevent the parties from modifying beneficiaries on health insurance coverages, insurance policies, retirement accounts, wills and more. For example, the parties involved cannot:
- Cash in their individual insurance policy and deposit the money into a separate account
- Neither of them can change the beneficiaries to their life insurance policy
- They may also not remove the other spouse from their automobile insurance policy
An ATRO does not stop you or the other party from paying your bills, spending for usual business and even paying lawyer fees. When one spouse needs to do something that may violate an ATRO, the court may modify it if the parties involved agree. But there are ramifications if a party violates the terms of the ATRO without the court’s permission.
A court may freeze assets to protect the spouse that has less financial control during the marriage to create equal ground. Both parties benefit because their financial advisers have all the information about their property once the divorce process begins. This saves the divorcing parties’ time and money.
In some states ATROS take effect immediately upon filing. Each state has its own rules about ATROS but there are other states where ATROS are not required. If you have been served with an ATRO, consult a lawyer to confirm your legal rights and ask what you can expect from the hearing.