Standard Family Law Restraining Orders

January 31, 2024 | By Doppelt and Forney
Standard Family Law Restraining Orders

In 2024, many people involved in divorce disputes are often concerned that their estranged spouse may engage in behavior that will damage their financial status or parental rights as well as selling property or moving children out of state or other conduct which would be prohibited by law if the divorce was filed and served.

In the San Diego Family Law Court, California law automatically prohibits people from engaging in certain activities once a divorce, nullity, or legal separation petition is filed and served via standard family law restraining orders. If you want to learn more about the standard family law restraining orders and how they impact your case, it is smart to talk to an attorney.

The skilled San Diego family law lawyers at Doppelt and Forney, APLC, can educate you regarding your options and aid you in taking the steps necessary to protect your interests. We offer free consultations, either in-person or virtually, to parties dealing with family law disputes in numerous San Diego Court houses.

Also, if you want to review the California Family Law Summons, a link follows:

When Do the Standard Family Law Restraining Orders Go Into Effect?

In San Diego, the standard family law restraining orders are automatically triggered upon the filing of the petition and summons in a divorce, legal separation, or nullity case. These orders initially apply to the petitioner, and upon lawful service, they extend to the respondent. No additional pleadings are required for these orders to take effect, and they remain enforceable until a judgment is reached. However, they can be modified through written agreement or court order.

What Law Governs the Standard Family Law Restraining Orders?

California Family Law Code Section 2040 governs standard family law restraining orders. Specifically, Section 2040 provides that certain standard family law restraining orders, previously known as automatic temporary restraining orders, are considered valid and effective upon filing a petition for nullity, dissolution, or legal separation.

What Activities Are Prohibited Under the Standard Family Law Restraining Orders?

Section 2040(a) outlines the specific orders contained in the summons that restrict the actions of the parties involved in a case. Among other things, it prohibits parents from removing minor children from California without proper authorization. Additionally, applying for new or replacement passports for minor children requires a court order or prior written consent from the other parent.

Section 2040(a) also stipulates that the transfer, encumbrance, concealment, or disposal of personal or real property, regardless of its nature (community, quasi-community, or separate), is not allowed without the written consent of the other party or an order from the court.

However, exceptions are made for transactions related to the usual course of business or necessities of life. Furthermore, parties are required to provide advance notice to each other for proposed extraordinary expenditures, and an accounting of such expenses must be submitted to the court.

Lastly, cashing, canceling, borrowing against, disposing of, transferring, or changing beneficiaries of insurance policies, including health, disability, life, and vehicle insurance, held for the benefit of children or spouses eligible for support, is strictly prohibited without proper authorization. Similarly, modifying non-probate transfers or creating new ones that affect the disposition of property subject to the transfer necessitates either a court order or the written consent of the other parent or spouse.

What Activities Are Allowed Under the Standard Family Law Restraining Orders?

Although the standard family law restraining orders impose various restrictions, certain activities are still permitted. For example, parties involved in a case can use property to pay reasonable attorney's fees and costs, ensuring access to funds for legal representation.

However, it is important to note that an accounting is required only for the use of community funds or the other party's separate property when utilizing these funds for attorney fees. There are other exceptions as well and an attorney can explain how they apply to your individual case.

Speak to a Dedicated San Diego Family Law Attorney

Navigating the complexities of family law, including understanding standard family law restraining orders, can be challenging. If you require assistance with a family law case, you should speak to an attorney as soon as possible.

The dedicated San Diego family law attorneys Doppelt and Forney, APLC, are proficient at handling challenging family law disputes, and if you engage our services, we will diligently pursue the results you deserve.

Our office is located in San Diego, and we regularly represent people in family law actions in cities throughout San Diego County. You can contact us through our online form or at 800-769-4748 to schedule a confidential and free meeting.