Family Law Buzzwords
Family law terms are confusing. Abbreviations like ATRO, CCP, RFO – what do they mean?
Below are some common terms seen on family law documents and heard in family law courts.
ATRO = Automatic Temporary Restraining Orders
Automatic temporary restraining orders are found on page 2 of the Summons.
These are things that you cannot do once the divorce has been filed.
The Automatic Temporary Restraining Orders are Family Code 2040, which states:
2040.
(a) In addition to the contents required by Section 412.20 of the Code of Civil Procedure, the summons shall contain a temporary restraining order:
(1) Restraining both parties from removing the minor child or children of the parties, if any, from the state, or from applying for a new or replacement passport for the minor child or children, without the prior written consent of the other party or an order of the court.
(2) (A) Restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of, any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of proposed extraordinary expenditures at least five business days before incurring those expenditures and to account to the court for all extraordinary expenditures made after service of the summons on that party.
(B) Notwithstanding subparagraph (A), the restraining order shall not preclude a party from using community property, quasi-community property, or the party’s own separate property to pay reasonable attorney’s fees and costs in order to retain legal counsel in the proceeding. A party who uses community property or quasi-community property to pay the party’s attorney’s retainer for fees and costs under this provision shall account to the community for the use of the property. A party who uses other property that is subsequently determined to be the separate property of the other party to pay the party’s attorney’s retainer for fees and costs under this provision shall account to the other party for the use of the property.
(3) Restraining both parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their child or children for whom support may be ordered.
(4) Restraining both parties from creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court.
CP = Community Property
California is a community property state. All property acquired during the marriage and before the date of separation is community.
Currently, only 9 states have community property. I personally don’t like it. Community Property is Not Fair – Get a Prenup
MSC = Mandatory Settlement Conference
Mandatory settlement conferences are ordered by the family courts prior to trial in order to encourage parties to settle the issues in a divorce, child custody and visitation, support.
Most Judges order MSC’s prior to setting a trial. Since you are ordered to do this anyway, I highly recommend divorce mediation.
NCP = Non Custodial Parent
Non-custodial parent is the parent without physical custody.
PPA = Parent Plan Assessment
In the Los Angeles courts, a Parenting Plan Assessment (PPA) is a custody evaluation used by the Los Angeles County Superior Court. The former name was “Solutions Focused Evaluation”.
Read more about Parenting Plan Assessments here.
RFO = Request for Orders
Request for Orders are exactly how they sound – requests from the Judge on temporary issues like child custody, child support, spousal support, and attorneys’ fees. (Property division is NOT a proper request on an RFO).
Read more about Request for Orders here.
TRO = Temporary Restraining Order
Temporary restraining orders are issued in domestic violence cases. Our firm no longer handles these types of cases, but we will refer you.
Ex Parte
An Ex Parte hearing is an emergency proceeding where one party can make a request of the court without giving the proper amount of notice to the other side.
Normally, a party must give proper notice before relief will be granted. This is called Due Process.
In an ex parte, however, the relief requested is usually an emergency. What qualifies for relief on an ex parte basis is defined by law and limited ot true emergencies.
For an ex parte, the party requesting emergency relief must only provide notice by 10:00 a.m. on the day prior to the scheduled hearing.
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