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Bill > AB1297


CA AB1297

CA AB1297
Automatic temporary restraining orders.


summary

Introduced
02/21/2025
In Committee
06/17/2025
Crossed Over
04/01/2025
Passed
07/14/2025
Dead
Signed/Enacted/Adopted
07/14/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend, repeal, and add Section 2040 of the Family Code, relating to restraining orders.

AI Summary

This bill amends existing California Family Code provisions regarding temporary restraining orders in divorce, legal separation, and parentage proceedings, expanding protections related to insurance coverage. Currently, parties are prohibited from cashing, canceling, or changing beneficiaries of insurance policies during legal proceedings. Effective January 1, 2027, the bill will further restrict parties from allowing insurance plans to lapse due to nonpayment of premiums or failure to renew. The bill maintains existing provisions that prevent parties from removing children from the state, transferring or disposing of property without consent, and creating certain nonprobate transfers during legal proceedings. The temporary restraining order will continue to include a warning about community property presumptions and allow for necessary expenditures like attorney fees. This legislation aims to protect the financial interests and insurance coverage of both parties and any children involved during legal separation or divorce proceedings by preventing unilateral actions that could jeopardize financial stability or insurance protection.

Committee Categories

Justice

Sponsors (1)

Last Action

Chaptered by Secretary of State - Chapter 48, Statutes of 2025. (on 07/14/2025)

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