3 Things You Cannot Do When An Automatic Temporary Restraining Order Is In Place

While you might expect your marriage to last forever, that isn't always the case. Things happen that cause the marriage to dissolve. Before you know it, you are fighting over every little thing. Losing your temper during your divorce could wind up getting you served with an automatic temporary restraining order. These orders go into effect directly upon being served with the summons in your divorce, separation or paternity case. To help you understand what you cannot do with one of these orders in place, consider the following.

You cannot take the children out of the state.

Once a court order is in place, you cannot take the kids out of the state where they currently reside. You have to get the permission of the court first. This doesn't apply if the child is living in a different state at the time of the petition being filed. It also doesn't require the child to be returned to that state if they are living somewhere else at the time. Your attorney can advise you how to best handle this situation.

You cannot transfer or dispose of any property without prior permission.

If you try to transfer, conceal or dispose of any property without getting permission from the other party involved or a court order, you could end up in trouble. The only time you are allowed to do so is when it involves the necessities you need to survive. If you have any community property, you aren't allowed to take out any loans on it.

You also cannot use said property as collateral to secure a loan. If you have a joint checking account, you aren't allowed to take the money out of it and close it without the other parties' permission. Don't remove items from a safe or deposit box.

You cannot alter any of your insurance policies.

You cannot borrow, cancel, transfer, cash, dispose or change any of the beneficiaries on your life, automobile, health or disability insurance policies, especially when it involves the children who are a part of your divorce case. Don't try cashing your life insurance policy in and taking the money from it. Leave your beneficiaries alone unless you want to get in trouble with the court.

While all of this might be a little overwhelming for someone who has never dealt with it before, you can always turn to a licensed attorney such as Mills & Mills Law Group who can help walk you through the process and make it simpler for you.


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