Part 3. Temporary Restraining Order In Summons of California Family Law Code >> Division 2. >> Part 3.
This part applies to a temporary restraining order in a
summons issued under any of the following provisions:
(a) Section 2040 (proceeding for dissolution of marriage, for
nullity of marriage, or for legal separation of the parties).
(b) Section 7700 (proceeding under Uniform Parentage Act).
The summons shall state on its face that the order is
enforceable in any place in this state by any law enforcement agency
that has received mailed notice of the order or has otherwise
received a copy of the order and any officer who has been shown a
copy of the order.
(a) Upon filing the petition and issuance of the summons and
upon personal service of the petition and summons on the respondent
or upon waiver and acceptance of service by the respondent, the
temporary restraining order under this part shall be in effect
against the parties until the final judgment is entered or the
petition is dismissed, or until further order of the court.
(b) The temporary restraining order is enforceable in any place in
this state, but is not enforceable by a law enforcement agency of a
political subdivision unless that law enforcement agency has received
mailed notice of the order or has otherwise received a copy of the
order or the officer enforcing the order has been shown a copy of the
(c) A willful and knowing violation of the order included in the
summons by removing a child from the state without the written
consent of the other party or an order of the court is punishable as
provided in Section 278.5 of the Penal Code. A willful and knowing
violation of any of the other orders included in the summons is
punishable as provided in Section 273.6 of the Penal Code.
The automatic granting of the ex parte temporary restraining
order under this part is not a court determination or competent
evidence in any proceeding of any prior history of the conduct so
proscribed occurring between the parties.
Nothing in this part precludes either party from applying to
the court for modification or revocation of the temporary restraining
order provided for in this part or for further temporary orders or
an expanded temporary ex parte order.