Automatic Restraining Order in a Divorce Case

Posted by Inderraj SinghJun 14, 2022

Divorce cases have substantial emotional and financial impacts on all parties involved including children.  In our prior post, we created a skeleton guideline on how to start a divorce case.  After the petition have been filed to initiate a divorce case, there are automatic restraining orders that take immediate effect and apply to parties to the case.  However, these restraining orders are often overlooked by parties and sometimes, even attorneys.  These restraining orders are written on the second page of the Summons (Form, FL-110). 

These restraining order prohibits parties from:

1.removing the minor children from the state or to apply for a new or replacement passport without the written consent of the other party;

2.cancelling or changing the beneficiaries on life insurances, health insurances, automobile polices, disability policies or other insurances or policies that are held for the benefit of the parties and their minor children.  Parties are further prohibited from cashing, cancelling, transferring, or otherwise taking loans or advances against these policies; and

3. transferring, selling, cancelling or disposing the property in any manner, whether real or personal property.  Parties are further restrained from removing, or hiding the property whether community or separate property without the prior written consent of the other party or a court order.

There are other provisions included in the summons (FL-110) so please carefully read the entire summons and ensure that you do not take any steps that would violate this automatic restraining order. 

Divorce can be a lengthy, frustrating, confusing, and expensive endeavor.  At The Singh Law Office, a Bakersfield law firm, we can help you with your divorce case and help alleviate some of your burden by walking each step of your case with you, providing you expert legal advice, drafting any and all necessary pleadings, responses, and petitions.  Inderraj Singh, Esq., a California divorce lawyer, aggressively fights for his clients to protect their interests before the Court. 

Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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