The Standard Family Law Restraining Orders (aka “ATROs” the acronym for Automatic Temporary Restraining Orders) are listed on page 2 of the Summons (Family Law)(Form FL-110) in a proceeding for legal separation or dissolution of marriage. The Standard Family Law Restraining Order of the Summons (Uniform Parentage – Petition for Custody and Support)(Form FL-210) issued in a paternity action is also located at page 2. They apply to the Petitioner upon filing of the Petition and apply to the Respondent when he or she is properly served with a copy of the Summons issued by the family court.
The ATROs are an attempt to maintain the status quo, so that property is not transferred without the prior written consent of the other party or an order of the Court except in the usual course of business or for the necessities of life, and so that the parties’ children are not taken out of state without the prior written consent of the other party or an order of the Court.
The remedy for violating a property ATRO when the property transferred is community property is to award the other party one-half the fair market value of the property, generally valued at the time of sale. For instance, if a party sold an expensive sports car for well under fair market value in violation of the ATROs, that party would be responsible for damages to the other party of one-half the fair market value which may result in the selling party having to pay out of pocket an amount equally one-half the difference between the sale price and the fair market value.
The remedy for taking a child across state lines depends on the particular egregiousness of the violation. Taking a child across state lines in violation of the ATROs may subject the party to a citation of contempt and may be considered a crime.
The ATROs should be reviewed carefully so that they are understood and complied with.