Family Law News

California's  Restraining Orders

Custody and Visitation Orders
Restraining orders regarding custody and visitation shall be signed by a judicial officer only. A stipulated order regarding custody may be signed where a copy of the custody agreement or appropriate declaration is attached to the petition. (Family Code section 3061.) Pursuant to Family Code section 3064, ex parte orders regarding custody and visitation will only be granted upon a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. A motion requesting a change in a child's summer or holiday vacation schedule, or the school that the child attends, shall be presented sufficiently in advance to allow the Court to obtain any necessary information.

Restraining Orders Issued by the Clerk in Non-Domestic Violence Cases
The business office has been authorized to issue certain TRO's in cases that are not filed under the Domestic Violence Protection Act. The clerk's duties are strictly ministerial. Parties may avoid an ex parte appearance before a judicial officer by complying precisely with these rules. While declarations containing the language indicated below will enable the clerk to issue these particular orders, the same declaration may be insufficient evidence at a subsequent opposed hearing to warrant extending the orders. Parties may still need to provide a detailed declaration containing specific factual allegations before the opposed hearing. Requests for any orders on the temporary order form which are not listed below must be presented to a judicial officer.

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	Did You Know?
	You may be able to leave your pension to your spouse or child. In general, if you are married, your spouse is entitled to a portion of your pension if you die first. There is some cost to that, however, that usually serves to reduce the monthly retirement payments you would have received if the benefits were to be paid just during your lifetime. If you and your spouse agree, you can waive this survivor benefit protection, and/or sometimes name some other person(s) (such as a child) as your beneficiary. Consult with your family lawyer and review the plan summary carefully to find out your rights and responsibilities in this area.