Temporary Court Orders

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There are some standard court orders listed on the back of the Summons form.  These orders are binding on the Petition from the time the Petition is signed, even if it isn't served (served) Opens new window until later.  They are binding on the responding spouse or partner beginning on the day that the responding spouse or partner was given his or her copy of the Petition and Summons.

  • Neither you nor your spouse or partner can sell or give away any property;
  • Neither you nor your spouse or partner can change any insurance (including beneficiary designations),
  • Neither you nor your spouse or partner can take any children of the relationship outside of the State of California without the written consent of the other spouse or partner, or order of the court

Sometimes, however, people need additional court orders to be put in place until the judge can make the final decisions ending the marriage or registered domestic partnership. After the first papers were filed with the clerk's office, either you or your spouse or partner may file forms asking for a hearing at which a judge can make temporary orders covering:

If you need emergency or immediate orders, then ask for Ex Parte Opens new window orders, or for an Order Shortening Time, for a quick court hearing date.

  • Under the law, there must be an emergency for making these orders.
  • Ex parte orders cannot be effective for more than 25 days.
  • Within 25 days, a hearing must be held to determine if these orders should be extended and/or modified.


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