AUTOMATIC RESTRAINING ORDERS
Once the lawsuit is filed both parties are automatically required not to take certain actions. Both parties are ordered not to: (1) take one of the kids to another state without written consent of the other parent or a court order; (2) get rid of, trade or buy property except in the normal course of business; (3) cancel, buy, sell or borrow against an insurance policy possessed for either of the spouses or children; (4) undertake any major expenses other than for attorney fees for the divorce case. These orders take effect once the summons is served, and stay in effect until there is a judgment. If either party wants one of these orders to stay in effect longer than the judgment then they will have to ask the family law judge for it. Our experienced family law attorneys can help you win your hearing.
NONAUTOMATIC RESTRAINING ORDERS
Other restraining orders must be ordered by a family law judge after one of the parties makes a request by a written motion. These usually consist of orders to keep one of the spouses from harassing or disturbing the other party or one of the children. You can also request a family law judge to make an order to get your spouse to move out or stay away from the family residence. Violating these orders is a misdemeanor in most cases, unless you take the child away from the state of California which can be a felony. Our family law firm can help win your hearing.
CONTACT US!
If you think you need a restraining order and you are around Modesto or Stockton, call our family law lawyers today!
