“Automatic temporary restraining orders”…these are four words that are likely to stir up a whole host of questions in your mind regarding the meaning, application and origins of these words. While the words such as restraining and orders may give some clues as to the connection of these four words in California divorce cases, it will remain uncertain. This article intends to shed some light on what are automatic temporary restraining order.
What are they?
Automatic restraining orders are a set of 4 orders that goes into place upon the filing and service of the initial Summons (on the back of the FL-110 Summons form), which is part of initial divorce filing paperwork at the beginning of divorce cases in California.
The word “automatic” is self-explanatory in the terms that none of the spouse has to actually seek these orders. When either one of the spouse goes into the family law court and files a divorce Petition, the temporary restraining orders automatically come into effect and bind the Petitioner. When the divorce notice is served to the other spouse (the Respondent), the orders bind that spouse as well.
These are basically a few measures that are meant to protect the children and the marital property from any kind of malicious action by either spouse. These can be referred to as orders that keep the status quo intact.
What are they for?
The 4 Automatic restraining orders:
· Make sure that the children aren’t taken out of California
These temporary restraining orders clearly instruct the father and the mother to make sure that they don’t take, send or allow their children to leave the State of California. It also asks the parents to refrain from applying for or renewing for new passports of the child unless the matter is decided by the court.
· Stop the parties from selling or disposing of community or separate property during the divorce
The order clearly tells both of the spouses that they are not allowed to in any way, transfer, encumber, conceal, dispose or hypothecate the property in any way regardless of whether it is real, personal, quasi community, community or separate until the court has ordered and allowed them on the matter.
· Restrain some insurance-related actions
The courts are clear in making the spouses know of their inability under the law to cash, cancel, borrow or transfer or even change the beneficiary of any insurance policy or coverage unless the matter is not brought under the courts consideration and the court doesn’t act on it. It also prevents a party from cancelling medical and other types of insurance coverage during the divorce.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.