Divorce and Family Law
Restraining Orders
Once the Summons and Petition for Dissolution of Marriage have been filed with the San Diego Superior Court, the following standard restraining orders, which are set forth on the reverse side of the Summons, will be in full force and effect. These mutual restraining orders are issued automatically and apply in every case. These orders restrain the parties from:
a. Removing any minor child or children of the parties from the State of California without the prior written consent of the other party or an order of the court;
b. Cashing, borrowing against, cancelling, transferring, disposing of or changing beneficiaries of any insurance or other coverage, including life, health, automobile and disability, held for the benefit of the parties and their minor child or children; and,
c. Transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, whether community, quasi-community or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life.
You must notify each other of any proposed extraordinary expenditures at least five (5) business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, nothing in the restraining orders shall preclude you from using community property to pay reasonable attorney's fees in order to retain legal counsel in the action.
If you have any questions with regard to the meaning of these restraining orders, please do not hesitate to contact the Law Offices of Steven R. Liss.
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