Temporary Restraining Orders in Family Law

Division 2, Part 3 of the California Family Code deals with temporary restraining orders in this state. Section 231 provides that this part applies to a temporary restraining order in a summons issued under either of two specified provisions: Section 2040 (proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties); and, Section 7700 (proceeding under Uniform Parentage Act).

Section 232 requires the summons to 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.

Section 233 specifies that, 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 must be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court.

In addition, 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.

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 the Penal Code. A willful and knowing violation of any of the other orders included in the summons is also punishable.

Section 234 states that 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.

Section 235 provides that 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.