Recognizing the Signs of Escalation
Divorce is often a contentious process, but the stakes are significantly higher when it escalates into a high-conflict situation. Recognizing the signs of escalation is crucial for the safety and well-being of all parties involved.
Common signs of an escalating situation in a high-conflict divorce include:
- Frequent and intense arguments
- Aggressive communication
- Involving children in conflicts
- Emotional manipulation
- Financial manipulation
- Violation of interim agreements
- False accusations
- Threats of violence
- Stalking and harassment
If you are in a high-conflict situation, being aware of the signs of escalation can help you better respond to the situation and seek legal help when needed, such as by requesting a family law restraining order.
Is an Automatic Temporary Restraining Order (ATRO) Enough?
When a couple files for divorce in California, an automatic temporary restraining order (ATRO) is issued as part of the petition process. This order goes into effect when the other party is served with their summons and stays in effect until the final judgment of the divorce is issued.
ATROs limit both parties from performing a range of actions without written consent from the other party or a court order. Some of the key restrictions include:
- Financial actions: Neither party can transfer, encumber, conceal, or dispose of any property, whether community, quasi-community, or separate, without the other party’s written consent or a court order, except in the usual course of business or for the necessities of life.
- Insurance coverage changes: Both parties are prohibited from changing the beneficiaries of any insurance policies, including life, health, automobile, and disability insurance.
- Children’s travel: Either party is restricted from taking their minor children out of the state or applying for a new or replacement passport for the children without the other party’s written consent or a court order.
- Non-tangible assets: Both parties must notify the other of any proposed extraordinary expenses five business days before making the expenditure, and they must account to the court for all extraordinary expenditures made after the restraint is issued.
ATROs are designed to maintain the status quo and prevent either party from taking actions that could unfairly affect the other party’s rights (including custody and property rights). However, this automatic order does not serve as a legal determination or evidence of any prior misconduct between the parties.
When to Seek a Domestic Violence Restraining Order
While ATROs provide baseline protections during the divorce process, they are often insufficient in high-conflict situations where more immediate and specific protective measures are required. A domestic violence restraining order can offer additional security and help de-escalate dangerous behaviors.
Divorce situations that may require a TRO:
- Physical abuse
- Threats of harm
- Stalking
- Harassment
- Property destruction
- Emotional abuse
- Violation of previous orders
- Financial abuse
- Child endangerment or other forms of family endangerment
- Sexual abuse
The Value of Legal Guidance
If you experience any of these behaviors, take immediate action and consult with a legal professional, like one of our attorneys at Singleton Smith Law Offices, Inc.. We are here to help you determine whether requesting a restraining order is the right option for your situation.
While you are not required to work with an attorney when requesting a domestic violence restraining order (and there is no filing fee), you will have to fill out numerous forms. Additionally, the process can take anywhere from a few weeks to a few months.
Because these cases tend to be complicated and high stakes, we encourage you to consult our legal team for guidance and assistance. Reach out to us online to schedule an appointment. We are here to help you and your family through this challenging time.