Standard family law restraining orders
Nov 11th, 2008 by D.J. Rausa
STANDARD FAMILY LAW RESTRAINING ORDERS
Each party to a divorce must review the Summons that will be filed in their case, specifically page two. The following are mandatory restraints:
Starting immediately, you and your spouse or domestic partner are restrained from:
- Removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court;
- Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children;
- 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,
- 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. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.
- You must notify each other of any proposed extraordinary expenditures at least five (5) business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property or your own separate property to pay an attorney to help you or to pay court costs. Please be advised that the court can impose sanctions and are enforceable in California by any all enforcement officers who have received or seen a copy of them.
