If you are living in Boston, you may have heard about Automatic Restraining Orders. But what is it? These restraining orders are issued during divorce lawsuits. However, what is important to note is that these restraining orders are very different from the ones that are there to protect victims from abusers. What this restraining order does is keep the parties from doing anything to the assets. A lawyer at Newburyport family law can help you understand more about it.
Understanding automatic restraining order:
If you are in Boston, you should remember that this restraining order falls under Rule 411. The restraining order is issued immediately after a divorce or separation is filed.
In divorce or separate support disputes, automatic restraining orders seek to preserve the status quo of assets. They prohibit the sale, concealment, or transfer of assets to third parties while the lawsuit is pending. This involves keeping non-routine costs from pooled accounts to a minimum. Violations of these directives may result in court punishment.
Automatic Restraining Orders (AROs) are used in divorce and separate support cases in Boston to prevent parties from taking specified actions. These orders apply to the plaintiff when the complaint is filed and to the defendant when served. They intend to keep things as they are until the court renders its final verdict. Except for defined exclusions such as financing living expenses, legitimate business activities, or legal bills, AROs ban selling or transferring property, incurring new obligations, or changing beneficiaries. Parties might reach an agreement on exceptions or seek court orders to perform specified activities.
The restrictions:
Parties are prohibited from using each other’s credit, changing the beneficiaries of some accounts, or withdrawing spouses and children from insurance policies under Rule 411. It does, however, permit reasonable property transfers for living expenses, business expenses, or legal fees. Extreme activities that may cause suspicion must be avoided.
A mutual agreement or a court order can be used to alter or remove an automatic restraining order. To request a modification, a party must file a motion with the court and provide the other party with at least two days’ notice. The order is in force by default during the case but is lifted when the court issues a judgment.
Final thoughts:
If the automatic restraining order is violated, the other party may file a contempt complaint with the court. If the violator is found guilty, the judge may impose fines or other penalties.