Automatic temporary restraining orders.

Assemblymember Stefani's legislation expands California's automatic temporary restraining orders in family law cases by prohibiting parties from allowing insurance policies to lapse through nonpayment or failure to renew coverage. The new provisions, which take effect January 1, 2027, build upon existing restrictions that prevent parties from cashing, borrowing against, canceling, transferring, or changing beneficiaries on insurance policies held for the benefit of the parties and their children.

The temporary restraining orders automatically attach to family law proceedings including divorce, legal separation, and actions under the Uniform Parentage Act. These orders maintain the status quo by restricting both parties from removing minor children from the state, applying for new child passports, transferring property, or modifying nonprobate transfers without consent or court approval. Parties must provide five days' notice before making extraordinary expenditures and account to the court for such spending after being served with the summons.

The law preserves exceptions allowing parties to create or modify wills, revoke nonprobate transfers with notice, eliminate survivorship rights, create unfunded trusts, and file disclaimers under the Probate Code. It also permits using community, quasi-community or separate property to pay reasonable attorney fees, with accounting requirements for property use.