Yes, but only under certain circumstances. California courts impose Automatic Temporary Restraining Orders (ATROs) when either party files for divorce or legal separation as part of standard procedure. These orders maintain the status quo and prevent either party from taking actions that could harm the other spouse or their children during the divorce process. For the court to approve any modifications, there must be a compelling reason or significant change in circumstances.
Modifying ATROs can be complicated
ATROs maintain stability and protect both parties’ interests by preventing major changes during the divorce process. This includes:
- Significant changes to joint accounts, credit lines, insurance policies and beneficiary designations
- The sale, gifting or concealment of real estate, personal property, vehicles and business interests
- Changes to the custody arrangements or the children’s schooling and daily routines
However, circumstances like unexpected job loss or medical emergencies may need changes to ATROs. If you need to modify an ATRO, you must file a court request and attend a hearing to present your case. The judge will consider your children’s welfare, fairness and the necessity of your request.
In some cases, if both parties agree, they may be able to make changes through a written agreement without necessarily going to court. This mutual agreement can streamline the process and reduce potential conflict. However, it’s important to note that a judge still needs to approve agreed-upon modifications to ensure they’re fair and in line with legal requirements.
Compliance is crucial
Violating ATROs can lead to severe consequences, including:
- Contempt of court charges resulting in fines or jail time
- Financial penalties such as paying your spouse’s legal fees or compensating for losses
- Negative impacts on the divorce outcome affecting property division or child custody decisions
Violations can also damage your credibility with the court, making it harder for judges to trust your statements or requests in future proceedings. If you do something that the ATRO forbids, the court can order you to undo what you’ve done. For example, if you sell a car, you might have to buy it back. In more serious cases, it might even lead to criminal charges.
Requesting a change is possible
However, it is crucial to approach the process correctly. It’s wise to consult with a family law attorney who can assess your situation and provide advice on the best course of action.
