Standard Family Law Restraining Orders in California: What Every Divorcing Spouse Needs to Know
Quick Answer: Standard Family Law Restraining Orders (formerly called Automatic Temporary Restraining Orders or ATROs) are four automatic court orders that take effect the moment a California divorce petition is filed and served. They prohibit both spouses from removing children from California, disposing of property, altering insurance policies, and modifying non-probate transfers. Violating these orders can result in sanctions, contempt of court, and even criminal prosecution.
If you have questions about restraining orders in your California divorce, contact The Geller Firm at (415) 840-0570 for a confidential consultation.
What Are Standard Family Law Restraining Orders?
Standard Family Law Restraining Orders are a set of four automatic court orders built into every California divorce proceeding. They are printed on page two of the FL-110 Summons, the document that must be served on the respondent spouse along with the divorce petition to formally initiate the case.
Unlike domestic violence restraining orders or civil harassment orders, Standard Family Law Restraining Orders do not require either spouse to file a separate motion or make any showing of wrongdoing. They go into effect automatically and apply to both parties from the moment the case is filed and served.
When Do Standard Family Law Restraining Orders Take Effect?
The timing of when these orders apply to each spouse is precise:
The petitioner (the spouse who files the divorce) is bound by the Standard Family Law Restraining Orders the moment the divorce petition and summons are filed with the court
The respondent (the spouse being served) becomes bound the moment they are personally served with the petition and summons
From those moments forward, both spouses are legally prohibited from taking any of the four categories of restricted action without first obtaining written consent from the other spouse or a court order authorizing the action.
How Long Do Standard Family Law Restraining Orders Stay in Effect?
Standard Family Law Restraining Orders remain in force until one of the following events occurs:
A court enters an order specifically modifying or terminating the restraining orders
The divorce petition is dismissed
The court enters a final judgment dissolving the marriage
Until one of those events takes place, both spouses remain bound by all four orders, regardless of how cooperative or uncontested the divorce may be.
What Are the Four Standard Family Law Restraining Orders?
Order 1: Children Cannot Be Removed From California
Neither spouse may take any minor child of the marriage out of the state of California without the written consent of the other spouse or a court order. Neither spouse may apply for a passport for any minor child without the same authorization.
This order protects against a parent unilaterally relocating a child to another state or country during the divorce proceedings, which could complicate custody proceedings and harm the child's relationship with the other parent.
Order 2: Insurance Policies Cannot Be Altered
Neither spouse may cash out, borrow against, cancel, transfer, dispose of, or change the beneficiaries of any insurance coverage that benefits either party or the minor children. This applies to all forms of insurance, including health, life, auto, and disability policies.
This order ensures that both spouses and the children remain covered during the divorce and that one spouse cannot strip the other of insurance benefits as leverage in the proceedings.
Order 3: Property Cannot Be Transferred or Concealed
Neither spouse may transfer, encumber, hypothecate, conceal, or dispose of any property, whether community or separate, without the written consent of the other spouse or a court order. Limited exceptions exist for transactions in the ordinary course of business and expenditures for the necessities of life.
Both spouses must also notify each other at least five business days in advance before incurring any extraordinary expenses and must account to the court for all extraordinary expenses made after the orders take effect.
One important exception: community property funds may be used to retain a divorce attorney or to pay court filing fees.
Order 4: Non-Probate Transfers Cannot Be Modified
Neither spouse may create or modify a non-probate transfer in any way that affects the disposition of property subject to the transfer without the written consent of the other spouse or a court order. Non-probate transfers include beneficiary designations on retirement accounts, life insurance policies, pay-on-death bank accounts, and similar instruments.
This order prevents a spouse from quietly changing who inherits their assets during the divorce, which could effectively transfer marital property away from the community estate.
Why Do These Orders Exist?
The Standard Family Law Restraining Orders exist because California law treats spouses as fiduciaries to each other. A fiduciary relationship is one of the highest duties of trust and loyalty recognized by law. During a marriage, each spouse owes the other a duty of good faith and fair dealing with respect to community property assets.
When divorce proceedings begin, the risk of one spouse acting in bad faith, hiding assets, draining accounts, or manipulating property increases significantly. The Standard Family Law Restraining Orders are the legislature's mechanism for preserving the status quo from the moment the case is opened, giving both parties and the court a stable foundation from which to resolve the divorce.
What Are the Consequences of Violating a Standard Family Law Restraining Order?
Violating a Standard Family Law Restraining Order is serious. Because the underlying relationship between spouses is fiduciary in nature, the harmed spouse has remedies that go beyond what would normally be available in a property dispute. Potential consequences of a violation include:
Restitution and financial remedies. The court may order the violating spouse to restore property, repay funds, or compensate the other spouse for losses caused by the violation, including lost profits.
Sanctions and attorney's fees. Courts routinely impose sanctions in the form of attorney's fees against a spouse who violates these orders, which can be substantial.
Contempt of court. A spouse who violates a Standard Family Law Restraining Order can be held in contempt of court, which carries its own penalties including fines and potential incarceration.
Criminal prosecution. In serious cases, a violation may give rise to criminal charges, particularly where property is concealed or children are wrongfully removed from the state.
What About Third Parties Who Deal With a Spouse During the Restraining Order Period?
California Family Code § 2041 provides important protection for third parties who transact with a spouse during the pendency of the divorce. A purchaser, encumbrancer, or lessee who deals with a spouse for value and without actual knowledge of the restraining orders is protected and their interest in the property is not adversely affected.
This provision prevents innocent third parties from being caught in the middle of a divorce dispute. However, it does not protect the spouse who violates the order. That spouse remains liable to the other for any loss resulting from the unauthorized transaction.
Frequently Asked Questions
Do Standard Family Law Restraining Orders prevent me from paying my regular bills? No. The orders include an exception for ordinary and necessary living expenses. You may continue to pay rent or mortgage, utilities, groceries, and similar necessities. What is prohibited is the extraordinary disposal or concealment of assets.
Can I still use my separate property bank account during the divorce? The orders apply to both community and separate property. You should consult with a divorce attorney before making any significant transactions involving either type of asset to confirm the transaction is permitted under the orders.
What if my spouse is violating one of these orders right now? Contact a family law attorney immediately. Your attorney can file an emergency motion for enforcement and seek sanctions, restitution, and other remedies. The court takes violations of these orders seriously.
Can the Standard Family Law Restraining Orders be modified by agreement? Yes. Both spouses may agree in writing to permit a specific action that would otherwise be prohibited by the orders. The written consent of both parties must be obtained before the action is taken, not after.
Do these orders apply in a legal separation as well as a divorce? Yes. Standard Family Law Restraining Orders apply in both dissolution and legal separation proceedings in California.
Speak With a California Divorce Attorney
Standard Family Law Restraining Orders carry real legal force from the first day of your divorce. Understanding exactly what they prohibit and what they permit is essential for protecting yourself and avoiding costly mistakes. The Geller Firm represents clients across California in all aspects of divorce, including enforcement of restraining orders, sanctions proceedings, and complex property disputes arising from ATRO violations.
We offer confidential virtual and in-person consultations from our Walnut Creek office.
Call (415) 840-0570 or contact us online to schedule your consultation.