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San Diego Divorce, Paternity and Legal Separation Automatic Temporary Restraining Orders: 2011

Automatic temporary restraining orders, in a San Diego paternity or divorce/legal separation case are issued with the Summons. The Summons is served with the Petition for divorce, legal separation or paternity. The summons is a mandatory California Judicial Council Form which has very important information about the case. This information includes that there is a 30 calendar day period to file a response from the date of service and how to get legal advice. On page one of the summons is a Notice that there are restraining orders effective against both parties until the court makes further orders, the judgment is entered or the case is dismissed whether legal separation, divorce or paternity. These orders can be enforced by a law enforcement officer in California.

In many divorce and legal separation cases, there is a fear that money will be taken from the accounts, credit cards closed, bank accounts transferred, retirements liquidated, assets sold or transferred any others. Some cases include allegations of large sums being taken from community property accounts for gambling, drug use, third parties and others. The only strategy and technique to protect your rights and try and stop this is to ask the San Diego Superior Court to take authority [jurisdiction] over your community property estate. This is the filing and service of the petition and summons. Once served, the temporary restraining orders are in effect on the served party and effective immediately upon the filing party.

In a legal separation case or a divorce case, the following automatic temporary restraining orders are issued and include the following. The minor children or child may not be removed from the State of California without a court order or prior written consent of the other parent. Neither party may cancel, cash, borrow against, transfer or dispose of or change the beneficiaries of any coverage or insurance including disability, automobile, health or life for the benefit of the minor child or children or the two parties. In addition, neither party may conceal, dispose, hypothecate, encumber or transfer any property, whether personal or real, whether quasi community, separate or community, without the written consent of the other party or court order. This does not apply to “necessities of life” [food; clothing; shelter; medicine] or what is in the normal course of a business or for attorney fees. Furthermore, neither party may modify a non probate transfer or create a non probate transfer in a manner which affects the property disposition without a court order or written consent of the parties. Each party is ordered to notify the other party of any proposed extraordinary expense no less than five [5] business days before these expenses are incurred. All extraordinary expenditures must be accounted to the Court.

In a paternity case, the automatic temporary restraining order issues to not remove the minor child or children from the State of California without th prior written consent of the other party or court order.

Please feel free to contact us with any questions regarding your divorce, legal separation or paternity case.

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