Automatic Restraining Orders in New York Divorce Actions
One of the features of New York's new divorce law is automatic restraining orders, which apply to both parties, under New York's Domestic Relations Law Section 236 (B) (2). The Notice of the Restraining Order is as follows:
PURSUANT TO DOMESTIC RELATIONS LAW § 236 Part B, Section 2, as added by Chapter 72 or the Laws or 2009, both you and your spouse (the parties) are bound by the rollowing AUTOMATIC ORDERS, which shall remain in full force and effect during the pendency of tbe action unless terminated, modified or amended by further order of the court or upon written agreement between the parties:
(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent ortbe other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual fuuds, bank accounts, cars aod boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action.
(2) Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets held in any individual retirement accounts, 401k accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court.
(3) Neither party shall incur unreasonable debts hereafter, including, but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with this action.
(4) Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, ,hospital and dental insurance coverage in full force and effect.
(5) Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.