Automatic Temporary Restraining Orders (ATROs) in California

The moment a California divorce begins, the rules change immediately and automatically. You’re now bound by legal orders that can freeze financial moves, restrict travel with your kids, and lock down insurance policies. These are called automatic temporary restraining orders, or ATROs.

ATROs are court-imposed restrictions that take effect as soon as a divorce or legal separation is filed in California. They prevent both spouses from making significant financial or custodial changes without consent or court approval.

Whether you’re filing for divorce or just got served, understanding these orders is essential. A mistake, even an accidental one, can lead to penalties, frozen assets, or setbacks in court.

Let’s break down what you need to know.

When Automatic Temporary Restraining Orders Take Effect

Automatic temporary restraining orders are triggered the moment a divorce or legal separation is filed. These aren’t requested or argued in front of a judge –  they’re automatically included in the FL-110 Summons that accompanies every divorce petition under California Family Code.

Here’s how it works:

For the person filing (the petitioner): The ATROs bind you as soon as your petition is submitted to the court.

For the person being served (the respondent): You’re bound the moment you’re officially served with the divorce papers.

ATROs are not the same as a personal temporary restraining order for abuse or harassment. Instead, they function as joint restraining orders under family law, designed to prevent either party from taking disruptive actions during divorce proceedings.

They remain in effect until one of three things happens:

1. A final divorce judgment is entered.
2. The case is dismissed.
3. A judge modifies or terminates the order by request.

Restrictions Under Automatic Temporary Restraining Orders

When a California divorce is filed, these orders immediately limit what both spouses can do with finances, children, and provide key legal protections. They apply equally to the person filing and the person being served.

Key Financial Restrictions

You cannot:

• Transfer, sell, or give away separate or community property, unless it’s part of your usual living or business expenses.
• Move investment funds, liquidate accounts, or make large trades without consent or court approval.
• Make major changes to how your business is structured or how funds are distributed.
• Withdraw large sums from joint or personal accounts without explanation.

These orders are meant to prevent either party from disrupting the marital estate before the court can make fair decisions.

Key Non-Financial Restrictions

You also cannot:

• Take your children out of California or apply for passports without written consent or a court order.
• Cancel, alter, or stop paying for health, life, auto, or property insurance that benefits your spouse or children.
• Change beneficiary designations or revoke nonprobate transfers (like trusts or retirement accounts) without mutual agreement or court approval.

We’ll explore some of these areas in more detail throughout this guide.

Just because a transaction seems “ordinary” to you doesn’t mean it will look that way to the court. The safest path is to notify your attorney and maintain a written record of what you did, why you did it, and how it connects to your normal operations.

Insurance and Beneficiary Restrictions in a California Divorce

One of the most overlooked areas impacted by ATROs is insurance. Changes to insurance policies or beneficiaries, even those that seem routine, are legally restricted once divorce proceedings begin.

Both parties are prohibited from canceling, altering, or failing to maintain certain insurance coverages without prior agreement or court authorization.

Policies You Cannot Touch Without Permission

• Health Insurance: You must continue paying premiums on any health insurance policy covering your spouse or children. Letting coverage lapse intentionally or through neglect can lead to legal penalties.
• Life Insurance: Any policy that names your spouse or children as beneficiaries must remain unchanged. Attempts to remove a spouse or replace them with another beneficiary violate the restraining order.
• Auto and Property Insurance: You cannot cancel or reduce coverage for vehicles, homes, or other assets covered under a shared or individual policy.
• Disability Insurance: Coverage protecting future income streams must also be maintained unless both parties consent or a court order provides otherwise.

Estate Planning and Retirement Account Implications

The restrictions also extend to nonprobate transfers, such as:

• Retirement account beneficiaries (401(k), IRA, pensions)
• Payable-on-death designations
• Living trusts or revocable transfer-on-death deeds

Even if you believe these assets are “yours,” you cannot alter them while automatic temporary restraining orders are in effect, unless you receive permission through the proper legal channels.

Insurance in divorce is a safety net, financially, legally, and sometimes medically. Courts take these violations seriously because the impact can be immediate and irreversible, especially if coverage is lost or a beneficiary is changed without notice.

If you need to update or cancel a policy, speak with your attorney first. The court may grant a modification, but doing it without approval puts you at risk of penalties and could damage your standing in the case.

Child-Related Restrictions

For divorcing parents, one of the most emotionally charged consequences of ATROs often involves decisions around children. These restrictions are about preserving stability for a child during a legal process that can easily become chaotic.

Once a divorce is filed, California prohibits both spouses from making significant decisions involving minor children without either mutual agreement or a court order.

Travel and Relocation Restrictions

You cannot:

• Remove your child from the state of California.
• Apply for a new or replacement passport for your child.
• Schedule out-of-country travel, even for short trips.

If international relocation or travel is necessary for work, family, or emergencies, the appropriate path is to petition the court for permission. Even in amicable separations, written consent from the other parent is required.

Maintaining the Status Quo

During the divorce process, both parties are expected to preserve stability in their child’s daily life. This means continuing with the same school or daycare arrangements, maintaining current healthcare providers, and supporting the child’s participation in established extracurricular activities and routines.

Any significant change, such as switching schools, altering therapy schedules, or modifying the child’s living arrangement, without agreement or court approval, may be viewed as an attempt to interfere with custody. 

Courts often interpret such moves as undermining the other parent’s rights and may take them into account when making future custody decisions.

Educational and Private School Decisions

If your child attends private school or is enrolled in specialized programs, you must continue to honor those commitments unless you and your spouse agree otherwise or the court approves a change.

This includes tuition payments, enrollment decisions, withdrawals, or transfers.

Even if you’re the sole financial contributor, the court considers education part of the child’s status quo and expects continuity unless there is a compelling, court-approved reason to deviate.

If your divorce involves international custody, relocation plans, or overseas family connections, consult your attorney immediately. Mishandling these restrictions could trigger not only state-level penalties but also international legal action under agreements like the Hague Convention.

Business Operations Under Automatic Temporary Restraining Orders

For business owners, executives, and entrepreneurs, the financial impact of divorce doesn’t stop at home, it extends into the boardroom. 

While automatic temporary restraining orders don’t prevent you from running your company, they do limit what you can do with business-related assets during the case.

You are allowed to maintain financial activity that falls within the ordinary course of business. That means you’re still permitted to pay employees, fulfill contracts, purchase necessary supplies, and continue operations as they were before the divorce.

However, actions that appear to alter the value of the business or shift assets in a way that could disadvantage the other party can be a violation. This includes decisions like acquiring a new business, selling off company assets, restructuring ownership, or issuing executive bonuses that deviate from your usual practices.

Even well-intentioned financial moves can raise concerns if they happen during divorce. Prepaying business debt, changing how profits are distributed, or suddenly increasing your own compensation can all be interpreted as attempts to reduce the marital estate. 

If you need to take action beyond your usual operations, consult your attorney first. You may be able to request a modification or exception to the restraining orders, but the court will expect detailed documentation and a clear business justification. 

Exceptions to ATROs: What the Court Might Allow and When

While ATROs apply broadly, they’re not set in stone. California courts recognize that no two divorces are the same, and in some situations, strict compliance with every restriction isn’t practical or reasonable.

If you need to take an action that would otherwise violate an automatic restraining order, you can request a modification.

When Courts May Grant Exceptions

Judges typically consider exceptions when the request is:

• Clearly necessary for daily life or business continuity
• Consistent with prior financial or legal behavior
• Not likely to disadvantage the other spouse or children

For example, a business owner might request permission to expand into a new market. A parent may ask the court to approve international travel for a family emergency. A party may need to change a life insurance policy to comply with updated estate planning, but only with court approval.

How to Request an ATRO Modification

To formally request an exception, your attorney will file a motion explaining the need, supported by declarations and evidence. You’ll need to outline:

• What action you’re asking to take
• Why it’s necessary
• How it fits into your prior financial or legal patterns
• Why it won’t harm the other party’s interests

The court may hold a hearing or rule based on written submissions, depending on the complexity of the request. Some matters can be handled quickly; others may require more extensive review.

What Happens If You Violate Automatic Temporary Restraining Orders

Violating an automatic temporary restraining order in California can trigger serious consequences that affect everything from your financial standing to child custody outcomes. And because these orders apply automatically, many violations happen not out of malice, but out of misunderstanding.

Legal Penalties

Violating a court order, automatic or not, can result in a contempt of court finding. This may lead to fines, forced repayment of misused funds, or even jail time in severe cases. Courts have broad discretion to enforce these orders and will often impose penalties to preserve the integrity of the process.

Certain violations, like removing a child from the state without consent or court approval, may also expose you to criminal liability under California Penal Code section 278.5. That risk becomes especially pronounced in international relocation situations, where cross-border custody laws may come into play.

Impact on Your Divorce Case

Violations can significantly damage your credibility in front of the judge. If you’re perceived as someone who disregards court orders or acts in bad faith, it may affect the court’s view of your intentions in other parts of the case, particularly in custody, spousal support, or property division.

Even a one-time action that appears self-serving, like changing a beneficiary or moving large sums of money, can shift the tone of negotiations. 

Protecting Your Assets While Complying with Automatic Temporary Restraining Orders

Even with restrictions in place, you’re not without options. The key to protecting your assets during a California divorce is knowing how to act strategically and legally.

Start by documenting every financial move. Whether it’s paying legal fees, covering business costs, or using joint funds for daily needs, clear records help prevent disputes and show good faith in court.

Next, don’t go it alone. Your attorney, and if applicable, your financial advisors, can guide you on what’s allowed, what needs court approval, and how to avoid triggering a violation.

Want to take proactive steps now? Read our full guide on Asset Protection Strategies in California for practical ways to stay protected and in control. Always make sure to discuss any concerns with your attorney.

Take Control of the Process Before It Controls You

Automatic temporary restraining orders may feel restrictive at first, but in reality, they’re meant to protect both parties and preserve fairness while the court does its work. Understanding what you can and can’t do is more than a compliance issue; it’s a strategic advantage.

Whether you’re preparing to file or have just been served, the smartest move is to work with a team that understands the stakes and knows how to protect what matters most.

Call Provinziano & Associates at 310-820-3500 to schedule your free case evaluation. We’re here to help you protect your assets, your children, and your future, while keeping you one step ahead at every turn.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.

For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.