Williams & Javellana, LLP
Chico Restraining Order Lawyer
When most of us think about restraining orders, we think about the protection that is given to us from somebody that wishes to do us harm. In the state of California, however, there is an Automatic Temporary Restraining Order (ATRO) that is put into place when a divorce is filed. This restraining order takes place automatically, giving protection to the individual who has filed for the divorce. When the other spouse receives the divorce complaint, they are also covered under an automatic restraining order. You can discuss the specifics of the ATRO with Williams & Javellana, LLP, an attorney who can assist you in the area of Chico, California.
There are many benefits to this type of restraining order. It is not provided as a way to protect an individual from a violent spouse but rather, it helps to protect either spouse from various actions which may take place during the divorce process. What are some of the benefits that are provided with an ATRO?
One of the primary benefits of Automatic Temporary Restraining Orders is that it helps to protect the marital assets. Because of the restraining order being in place, the other spouse will not be able to sell or borrow against any of the marital property. This would include selling or borrowing against insurance that was held for the other spouse. The beneficiaries that are included on insurance policies, wills and retirement accounts can also not be modified during this time. Bank accounts are not able to be changed and it helps to protect from the hiding or destroying of any of the marital assets.
To sum it up in a single sentence, the ATRO is put into place to keep either of the individuals involved in the divorce from modifying the financial status quo of the marriage once the divorce is underway. Although this has many benefits, it is clearly seen when one of the individuals in the marriage is in control of the financial assets. It helps to even things out during the time that the divorce is taking place.
Although the Automatic Temporary Restraining Orders may automatically be put into place when the divorce begins, there may be certain policies or accounts that are not included in the restraining order. It is vital that you seek legal counsel to ensure that you are protected during this difficult time. When you contact Williams & Javellana, LLP, we can assist you through the process and in ensuring that the marital assets are going to be protected during this time.
Keep in mind that Automatic Temporary Restraining Orders are put into place to protect both of the parties involved in the divorce. They are enforceable orders and as such, if the terms of the ATRO are violated, there can be legal consequences. It is also possible for the spouses to agree amongst themselves on the specific terms that are associated with the restraining order. Williams & Javellana, LLP can assist you in this regard as well and in filing the necessary paperwork so that the court can issue a modification of the restraining order.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015