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The Matrimonial StrategistKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

Automatic Restraining Orders in Domestic Relations Cases

By Paul L. Feinstein
June 22, 2010

A recent article in The Matrimonial Strategist discussed a new statute in New York providing for automatic temporary restraining orders against assets commencing with the filing and service of divorce papers. The state of New York is one of a number of states, such as California, Maine, Georgia, Oregon, Tennessee, Oklahoma, Connecticut, Colorado, Arizona, Illinois, and Rhode Island, that have enacted, or tried to enact, such legislative provisions. These statutes, for the most part, appear to be allowed to take effect unchallenged. However, there are serious constitutional issues that should be addressed. There was a successful challenge to the statute in Illinois, and similar challenges might be successful in other states.

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