Temporary Restraining Order In Summons - General Provisions - CA Family Law

Section § 231

This law explains that when a court issues a temporary restraining order as part of certain family law cases, it specifically refers to cases related to ending a marriage, legal separation, or establishing parentage. The restraining order is used to temporarily protect individuals involved while the legal process is ongoing.

This part applies to a temporary restraining order in a summons issued under any of the following provisions:

(a) Section 2040 (proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties).

(b) Section 7700 (proceeding under Uniform Parentage Act).

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(Amended by Stats. 1993, Ch. 219, Sec. 84.5. Effective January 1, 1994.)

Section § 232

This rule says that if there's an order, the summons must clearly indicate that it's enforceable by any law enforcement agency within the state. This enforcement can happen if the agency has gotten a mailed notice or a copy of the order, or if an officer is shown the order.

The summons shall state on its face that the order is enforceable in any place in this state by any law enforcement agency that has received mailed notice of the order or has otherwise received a copy of the order and any officer who has been shown a copy of the order.

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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Section § 233

When a divorce petition is filed, a temporary restraining order automatically goes into effect to prevent certain actions by either party until the divorce is finalized or dismissed. This order can be enforced anywhere in the state, but not by local police unless they have been notified or shown a copy. Violating the order by taking a child out of the state without permission is a serious offense punishable under specific penal codes, as is violating other parts of the order.

(a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court.

(b) The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of the order or the officer enforcing the order has been shown a copy of the order.

(c) A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code. A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code.

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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Section § 234

This law section explains that when an emergency, temporary restraining order is automatically given to someone, it doesn't mean the court has decided anything about past behavior between the people involved. It's also not proof of any past actions in other legal cases.

The automatic granting of the ex parte temporary restraining order under this part is not a court determination or competent evidence in any proceeding of any prior history of the conduct so proscribed occurring between the parties.

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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Section § 235

This section says that either person involved can ask the court to change, cancel, or expand a temporary restraining order or get additional temporary orders. It ensures that people have the flexibility to request changes to their restraining orders as needed.

Nothing in this part precludes either party from applying to the court for modification or revocation of the temporary restraining order provided for in this part or for further temporary orders or an expanded temporary ex parte order.

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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)