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The Divorce Encyclopedia
Automatic Restraining Order


Term Definition Automatic Restraining Order - a court order freezing assets that goes into effect automatically upon events, including the filing of a divorce or a court order that restricts an individual from partaking in certain actions.
Application in Divorce A party who violates the restraining order by moving assets is subject to contempt of court, jail and financial penalties, including the other party’s legal fees. Attempting to dissipate assets or hide them will warrant huge penalties delivered by the court.

In uncontested divorces, an automatic restraining order does not come into play.

A restraining order (or protective order) involving a spouse orders that he or she is not permitted within a set distance from the other spouse, and/or children, and/or a location (like the marital home, school, or the job). These types of restraining orders are not always automatic and require a more complex procedure proving to the court that a restraining order is warranted.

See also Trustee Process and see Attachment.

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