AUTOMATIC TEMPORARY RESTRAINING ORDERS (aka ATROS)

Family Code 231 – 235 discuss the ATROs and punishment to be applied upon violation.  These Temporary Orders are located on the Summons and bind the Petitioner upon filing and the Respondent when they are served.  The parties can stipulate to alter these restraining orders.  The restraining orders, described further in Family Code Section 2040, forbid without prior written agreement the following:

  • Leaving the State with the Children (could be charged with Penal Code 278.5 violation)
  • Canceling Health or Car Insurance (could be charged with Penal Code 273.6 violation)
  • Transferring Property (could be charged with Penal Code 273.6 violation)