Focusing On Family Law – And You
In California family law, when people hear the term “restraining order,” they will automatically think it relates to domestic violence or abuse. However, there are other types of restraining orders that are designed to protect people’s interests as the divorce moves forward.
As part of a petition and summons in which a person wants to change to their marital status, it generally means they are asking for a divorce. These documents preclude the other party from doing certain things through a Standard Family Law Restraining Order. It is important to understand and follow the order.
The order prevents specific actions
With a Standard Family Law Restraining Order, the parties are prevented from taking steps with money and property; altering insurance; and removing children from the state. These are foundational issues in a divorce and the document is in place to try and avoid escalating disagreements by establishing parameters.
Finances will frequently be up for dispute in a divorce. For example, once the divorce is underway, a person could try to accrue money for themselves by borrowing against property. A home equity loan is an example. They can also run up debt that both sides would be responsible for. The order is meant to prevent that.
In a marriage, couples commonly have insurance policies with the other as a beneficiary. This cannot be changed once the order is received. That is also true for medical coverage, auto insurance, disability benefits and more.
Regarding children, there might be fear that a parent is going to take the child from the state or flee the country. With that, the order will stop them from leaving the state or seeking a new or replacement passport without permission to do so either in written form from the other parent or through the court.
Know how a Standard Family Law Restraining Order can help
A Standard Family Law Restraining Order does not necessarily mean that the parties will take part in these actions, but it will provide layers of protection to avoid rising discord. This might seem to be an understated aspect of a divorce, but it is important as the case proceeds because it provides clarity and protection with children, finances and other matters. It can be a vital component of a family law case and should not be ignored.