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2013: What are Automatic Temporary Restraining Orders and What do They Mean in a Family Law Case for a Paternity, Divorce or Legal Separation?

How Do Automatic Temporary Restraining Orders Occur?

In San Diego, whenever a petition and summons is filed for a legal separation, paternity or divorce in a family law case, there are automatic temporary restraining orders included. For the petitioner, these orders are enforceable upon filing. For the respondent, these orders are enforceable upon service or waiver of service such as Notice and Acknowledgment of Receipt. Contempt of court is a very serious allegation which can lead to both monetary fines as well as jail time. As such, it is crucial to understand what these temporary orders are since many do not read the back side of the summons where this information is contained. Always make sure to ready all pleadings which are served on you both front and back as some pages may be double sided.

What Are The Automatic Temporary Restraining Orders For A Family Law Case?

These are part of the standard temporary orders but these are paraphrased so make sure to read the complete pleadings as above and this is not a complete recitation.

  • Without an order of the Court or a written consent {agreement} from the other parent, the child or children cannot be taken outside the State of California
  • You may use separate, quasi community or community property to hire an attorney
  • You cannot modify a non probate transfer or create a non probate transfer that affects the property disposition without the written consent of the other party or a Court order
  • You may not change the beneficiaries of any insurance policies which include disability, auto, health or life or borrow or cash or cancel or transfer per these temporary orders
  • You cannot, in addition, dispose of any personal or real property no matter if quasi community, community or separate, without the written consent or court order except for the normal course of business and for necessities or life and this includes concealing, encumbering and transferring.
What Are The Automatic Temporary Restraining Orders For A Uniform Parentage Act [Paternity] Case?Since a paternity has no community property aspects, there are no orders regarding property as above in the family law case context. The same orders, however, for the children or child being taken out of California apply: must need a Court order or written agreement.How Long Are The Automatic Temporary Restraining Orders In Effect?

These temporary restraining orders in effect until the below:

  • Judgment is entered
  • Petition is dismissed
  • San Diego Superior Court Judge makes a further Order which over rules the temporary orders
The San Diego Family Law Firm Of Doppelt and Forney, APLC Can Help

If you have been served with a petition and summons for a paternity or divorce or legal separation case in San Diego, please feel free to schedule your no cost virtual consultation with the Firm to protect your rights and try and obtain your legal goals. Our office is located in San Diego.

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