Provided by the Law Firm of Joseph
& Smargiassi, LLC
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF _________________
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_________________________,
Index No. ______________
Plaintiff,
-against-
NOTICE OF AUTOMATIC
RESTRAINING ORDERS
__________________________,
Defendant.
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PLEASE TAKE NOTICE that pursuant to
Domestic Relations § 236 (B) (2) (b), you are hereby served with the
following automatic restraining orders, simultaneous with the service of the
summons. These automatic orders are binding upon the plaintiff upon the
commencement of the action by the filing of the summons or summons and
complaint. They are binding upon the defendant upon service of the Summons.
These automatic orders shall remain in full force and effect during the
pendency of the action, unless terminated, modified or amended by further
order of the court, upon motion of either of the parties, or upon written
agreement between the parties duly executed and acknowledged.
The automatic orders are as follows:
(1) Neither party shall sell,
transfer, encumber, conceal, assign, remove or in any way dispose of, without
the consent of the 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 funds, bank accounts, cars and 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.
PLEASE TAKE NOTICE that this Order shall remain in full force and
effect during the pendency of the action, unless terminated, modified or
amended by further order of the court upon motion of either of the parties or
upon written agreement between the parties duly executed and acknowledged.
PLEASE TAKE FURTHER NOTICE that if you fail to
attend or otherwise comply with the terms of this Order you may be deemed
guilty of contempt of court, and liable to pay all losses, attorney’s fees
or damages sustained thereby by the party(ies) aggrieved.
Dated: _________, 200__
______________, New York
Yours, etc.
[Name]
[Attorney for]
[Office & P.O. Address]
[City, State & Zip]
[Telephone number]