Restraining Orders

When a divorce case begins, each side is bound by certain important orders that go into place automatically. It is critical you know what these orders are before you begin divorce proceedings.

These orders include an automatic order that neither parent can take any minor child outside of California without an advance written agreement or court order. There is also an automatic order that prevents you from changing the beneficiary designation on any insurance policy. There is the automatic order that prevents the cashing out, borrowing against, the canceling or transfer of any life, health, automobile or disability insurance policy.

There is also the automatic order that no one can transfer, conceal or dispose of any community or separate property without a court order or the other party's written consent. The exception is if the action is in the usual course of business or for the necessities of life.

Seek an initial consultation with a California family law attorney at The Law Offices of Jonathan D. Larose, APC, before you file for divorce to understand these restrictions that go into place automatically, especially if you own a business, are planning on making a significant expenditure or are a moderately active investor.

Orders Can Keep Your Spouse From Taking Your Children And Assets

In addition, it may also be necessary to seek specific orders from the court that tell a person to do something or to not do something. These orders may include:

  1. An order securing the passport of a minor child
  2. An order that a spouse leave the family residence even if that spouse wholly or partially owns the residence
  3. An order that a spouse stay away from the other spouse and the children
  4. An order that a spouse participate in anger management therapy
  5. An order that a spouse participate in a psychological evaluation
  6. An order that a spouse have his or her ability to be employed evaluated by an expert at employment evaluation
  7. An order that a spouse turn over certain property or documents
  8. An order the parents participate in a custody evaluation
  9. An order that a parent not change the school of a child
  10. An order that a spouse stop the transfer or sale of a business or home

Some of these orders must be done without advance notice to the other side and by surprise so that the other spouse does not have any advance notice. We at Larose Law do what needs to be done to protect our clients, their children and their property.

Learn More About Restraining Orders At Your Free Consultation

Please call our Fremont and Walnut Creek offices at 510-742-6100 or contact us online today to arrange a consultation with one of our lawyers.