Automatic temporary restraining orders.

Assembly Member Stefani's legislation expanding California's automatic temporary restraining orders in family law cases adds new prohibitions against allowing insurance policies to lapse during divorce and separation proceedings. The measure, which takes effect January 1, 2027, builds upon existing restrictions that prevent parties from canceling or changing beneficiaries of insurance coverage held for spouses and children.

Under current law, temporary restraining orders in family court proceedings prohibit parties from cashing, borrowing against, canceling, transferring, or modifying beneficiaries of insurance policies, including life, health, automobile and disability coverage. The new provisions explicitly prevent both parties from allowing these policies to lapse through nonpayment of premiums or failure to renew coverage. The orders remain in effect until the case concludes, the petition is dismissed, or the court modifies them.

The legislation maintains other standard temporary restraining order provisions regarding child removal, property transfers, and nonprobate transfers. Parties remain able to conduct normal business transactions, pay attorney fees, create or modify wills, and take other specified actions excluded from the restrictions. The measure requires notification between parties for extraordinary expenses and includes mandatory summons language about community property presumptions.