CaliforniaAB 12972025-2026 Regular SessionHouse

Automatic temporary restraining orders.

Sponsored By: Catherine Stefani (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Keep family insurance unchanged during case

You cannot cash, borrow against, cancel, transfer, or change beneficiaries on insurance that benefits the family without consent or a court order. This includes life, health, auto, and disability coverage. Beginning January 1, 2027, you also cannot let a policy lapse for nonpayment or fail to renew it. The rule applies when the summons is served.

Parents: no moving kids or passports

If you are a parent in a family case, you cannot take the minor children out of California without consent or a court order. You also cannot apply for a new or replacement passport for them without consent or a court order. This applies when the summons is served. The rule applies now and continues beginning January 1, 2027.

Property and spending limits in family cases

After the summons is served, you cannot transfer, hide, or dispose of property without consent or a court order. This applies to community, quasi-community, and separate property. Normal business and necessities are allowed. You must give at least five business days’ notice before any extraordinary spending. You must also account to the court for extraordinary spending after service. You may still use community or your own property to pay reasonable attorney’s fees to hire a lawyer. If you use community or quasi-community money, you must account to the community. If the funds are later found to be the other person’s separate property, you must account to them. The same rules continue beginning January 1, 2027.

Estate plan changes limited; notice required

You cannot create or change a death-transfer document that changes who gets property without consent or a court order. The law defines nonprobate transfers to include revocable trusts, pay-on-death and Totten accounts, transfer-on-death registrations, and transfer-on-death deeds. Insurance beneficiary rules are handled by the separate insurance rule. You may still make or change a will. You may revoke a nonprobate transfer or remove a right of survivorship if you first file and serve notice before it takes effect. You may create an unfunded trust or file a probate disclaimer. The restraining order must explain the notice steps.

New TRO rules take effect 2027

This section stays in effect until January 1, 2027. On that date it is repealed. A new section with the same automatic restraining orders takes effect on January 1, 2027. This gives courts and families clear timing.

Summons warns about community property rules

The summons includes a warning about community property. Property bought during marriage in joint form is presumed community property for division. If someone dies before division, recorded title controls. Talk to a lawyer if you want recorded title to match the community property presumption. This warning applies to cases filed on or after January 1, 1995.

Sponsors & Cosponsors

Sponsor

Catherine Stefani
Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 137 • No: 0

Senate vote • 6/23/2025

Item 66 — Senate SFLOOR

Yes: 37 • No: 0

legislature vote • 6/17/2025

Vote in CS53

Yes: 12 • No: 0

House vote • 4/1/2025

Item 44 — Assembly AFLOOR

Yes: 76 • No: 0

legislature vote • 3/25/2025

Vote in CX13