Automatic Restraining Order

An automatic restraining order, when in reference to divorce law, can be defined as a mandatory court order demanding immediate freeze of accounts and other assets immediately following a given action, such as filing for divorce. Any individual that attempts to circumnavigate the terms of the restraining order will be held in contempt of court typically, which can lead to imprisonment, fines, and other fees. Additionally, actions like moving assets or shielding them from a spouse are also illegal following an automatic restraining order. These orders are mostly applicable to contested divorces, since the terms of uncontested divorces are mutually agreed upon by both spouses.

Fast Facts

  • In some cases, protective or restraining order may revolve around keeping potentially dangerous spouses away from children.
  • Additionally, a restraining order may be made requiring one spouse to stay away from another spouse as well through a court order.

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