Standard Family Law Restraining Orders

What are the “Standard Family Law Restraining Orders”?

You can find the Standard Family Law Restraining Orders (SFLROs) on Page 2 of the Family Law Summons (FL-110) which is to be filed and served alongside a Petition for Dissolution (FL-100):

STANDARD FAMILY LAW RESTRAINING ORDERS

Starting immediately, you and your spouse or domestic partner are restrained from:

1. Removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court;

Absent written agreement of the parties or a court order, neither party can leave the state of California with the parties’ minor children or apply for a new or replacement passport.

2. Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children;

Neither party can make changes to or borrow against any insurance policies or coverages.

3. 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; and

Absent written agreement of the parties or a court order, neither party can dispose of or borrow against any assets, with two exceptions. Either party is entitled to dispose of or borrow against assets (1) in the usual course of business, or (2) to pay for living expenses.

4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.

Absent written agreement of the parties or court order, neither party can create nor modify assets that pass directly to beneficiaries without going through probate (i.e. nonprobate transfer). Some examples of nonprobate transfers include: living trusts, payable-on-death (POD) accounts, and transfer-on-death (TOD) accounts. It is important to note, however, that a Will is not a nonprobate transfer.  

This does not bar either party from revoking or eliminating such items, but as stated, notice of the change must be filed and served on the other party prior to the revocation/elimination. 

You must notify each other of any proposed extraordinary expenditures at least five 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, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs. [1]

Note, however, the SFLROs do not prohibit the use of property for paying attorney fees, and in the event an extraordinary expense is needed or requested, the requesting party must notify the other party at least 5 business days prior to incurring the expense. The term “extraordinary expense” is not specifically defined but is typically evaluated with respect to the parties’ standard of living. 

When do those apply to me? When do they stop applying to me?

The SFLROs say the restraining orders go into effect “immediately”, but what does that really mean?

• Petitioner: If you are the Petitioner, you become bound by the SFLROs immediately when the Petition is filed.

• Respondent: If you are the Respondent, you become bound by the SFLROs immediately upon being personally served with the Petition and Summons (or if you accept service with a Notice of Acknowledgement of Receipt).

The SFLROs, as a whole, end or are terminated if the Petition is dismissed or when the final judgment is entered. The SFLROs can be terminated, in whole or in part, with a court order, or in some cases, written agreement of the parties (without a court order).

Restraining Order? Did I do something wrong?

No, these “restraining orders” are unlike what we typically think of when we think about a restraining order. Every single person who goes through a divorce in California will be automatically bound by these temporary restraining orders. 

Do the SFLROs apply to couples who utilize Mediation for divorce?

Yes - The SFLROs are not a penalty or punishment to anyone who files for divorce, they simply apply to everyone. The purpose is to help maintain the status quo during the divorce process. However, litigating a divorce can take YEARS to finalize, meaning your assets may be tied up for the entire duration of the divorce process. 

Couples who use Mediation, on the other hand, have more control over their divorce timeline and can potentially move through the process more quickly to reach a final judgment - lifting the SFLROs and allowing each party to begin utilizing their property as they wish on an expedited timeline. 

Lea M. Nemeth, PC is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.

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Footnotes
[1] Summons (Family Law), FL-110, Page 2, Emphasis Added