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    AB-1297
    Civil Rights & Liberties

    Automatic temporary restraining orders.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Expands divorce restraining orders to prevent insurance policies from lapsing due to nonpayment starting 2027.
    • Prohibits both parties from removing children from the state without written consent or court order.
    • Requires 5-day advance notice to the other party for any extraordinary expenditures.
    • Prevents parties from modifying beneficiaries or transferring property without mutual consent.

    Summary

    Assembly Member Stefani's legislation expands California's automatic temporary restraining orders in family law cases by adding new prohibitions against allowing insurance policies to lapse during divorce, separation, and related proceedings. The measure modifies existing restrictions that prevent parties from canceling or changing beneficiaries of insurance coverage held for themselves and their children.

    Starting January 1, 2027, both parties in family law cases will be prohibited from allowing insurance plans to lapse due to nonpayment of premiums or failure to renew policies. This adds to current provisions that restrict parties from cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of life, health, automobile, disability and other insurance coverage. The temporary restraining orders remain in effect until the case concludes, the petition is dismissed, or the court modifies the order.

    The bill maintains other standard temporary restraining order provisions regarding child removal, property transactions, and nonprobate transfers. These include prohibitions on taking children out of state or obtaining new passports without consent, restrictions on property transfers except for business or living expenses, and requirements to provide advance notice of major expenditures.

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Consent Calendar 2nd AB1297 Stefani
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass and be ordered to the Consent Calendar
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1297 Stefani Consent Calendar Second Day Regular Session
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass. To Consent Calendar
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Contacts

    Profile
    Catherine StefaniD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 1 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Catherine StefaniD
    Assemblymember
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Catherine Stefani
    Catherine StefaniD
    California State Assembly Member
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (6/24/2025)

    Latest Voting History

    View History
    June 23, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    370340PASS

    Key Takeaways

    • Expands divorce restraining orders to prevent insurance policies from lapsing due to nonpayment starting 2027.
    • Prohibits both parties from removing children from the state without written consent or court order.
    • Requires 5-day advance notice to the other party for any extraordinary expenditures.
    • Prevents parties from modifying beneficiaries or transferring property without mutual consent.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Catherine Stefani
    Catherine StefaniD
    California State Assembly Member

    Summary

    Assembly Member Stefani's legislation expands California's automatic temporary restraining orders in family law cases by adding new prohibitions against allowing insurance policies to lapse during divorce, separation, and related proceedings. The measure modifies existing restrictions that prevent parties from canceling or changing beneficiaries of insurance coverage held for themselves and their children.

    Starting January 1, 2027, both parties in family law cases will be prohibited from allowing insurance plans to lapse due to nonpayment of premiums or failure to renew policies. This adds to current provisions that restrict parties from cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of life, health, automobile, disability and other insurance coverage. The temporary restraining orders remain in effect until the case concludes, the petition is dismissed, or the court modifies the order.

    The bill maintains other standard temporary restraining order provisions regarding child removal, property transactions, and nonprobate transfers. These include prohibitions on taking children out of state or obtaining new passports without consent, restrictions on property transfers except for business or living expenses, and requirements to provide advance notice of major expenditures.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (6/24/2025)

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Consent Calendar 2nd AB1297 Stefani
    Senate Judiciary Hearing
    Senate Committee
    Senate Judiciary Hearing
    Do pass and be ordered to the Consent Calendar
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1297 Stefani Consent Calendar Second Day Regular Session
    Assembly Judiciary Hearing
    Assembly Committee
    Assembly Judiciary Hearing
    Do pass. To Consent Calendar
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Latest Voting History

    View History
    June 23, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    370340PASS

    Contacts

    Profile
    Catherine StefaniD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 1 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Catherine StefaniD
    Assemblymember
    Bill Author