Amended
IN
Senate
April 11, 2019 |
Senate Bill | No. 765 |
Introduced by Senator Galgiani |
February 22, 2019 |
Existing law provides for the issuance of temporary restraining orders in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, and under the Uniform Parentage Act. A temporary restraining order issued under these provisions remains in effect until the petition is dismissed, a final judgment is entered, or until further court order. Additionally, a temporary restraining order is enforceable anywhere in the state, as specified.
This bill would make a technical, nonsubstantive change to these provisions.
(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 order.
(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.