Navigating Automatic Temporary Restraining Orders (ATRO) in Divorce
Are you in the middle of a divorce and you’re not sure what a temporary restraining order means? My name is Carl Birkhead. I’m an attorney with Wirth Law Office. I want to help you make law easy by just explaining a little bit about what an automatic temporary restraining order is, what it means, how it affects you, and what the do’s and don’ts are when operating under one.
So I’ve been doing this for about seven years, and I have issues with the way that this is titled because a lot of my clients, they’ll see something in divorce paperwork called an automatic temporary restraining order. That sounds like very scary language. Usually, whenever we hear the words restraining order, we think that someone’s done something wrong and they have to be restrained from being around the other side.
What the ATRO Does
That’s not the case here. It’s an order that’s put in place to make sure that the marital estate stays intact. It’s not accusing anyone of wrongdoing. It’s not saying that you’re a bad person and must stay away from the other side. No language in there specifically prohibits you from interacting with your soon-to-be ex-spouse, which is fortunate because a lot of times, these are cases that involve children, and you need to be able to interact with your ex.
What does the ATRO do? Like I said before, it preserves the marital estate. So it prohibits you from taking out any loans or incurring any extra debt. It prohibits you from selling off major pieces of the marital estate. You can’t sell the marital home, the house that you guys lived in together. You can’t sell any of their personal property.
Seeking Legal Guidance
If you have questions about this and you just think you need some help or some guidance, please feel free to contact us at 918-879-1681. My name is Carl Birkhead. I’m with Wirth Law Office, and I want to help you to make law easy. Thank you.
