amazonstarj said:
Hi all...I have an appt to speak with an atty on Jan 4 in the new year but I have a question before that. I just found out that my soon to be ex has been taking our legal papers, i.e. loan documents, tax copies, pay stubs and anything else that he thinks might be important to his sisters home. As you can imagine this is distressing and since I have not seen an atty. yet...is this legal for him to do in Calif...I realize that there is not much there that I dont know about but I am concerned that he might alter the papers...etc.
My response:
Unless an action for Dissolution or Separation has been filed, he is free (albeit, you are too) to do anything he wants with the papers. He can even destroy them.
The reason being is that until an action is begun, neither of you are Restrained from taking such actions because there is no "automatic Restraining Order" in effect. Please take a look at a California Summons Re: Dissolution. The Restraining Order is written on both sides of the Summons, and becomes automatic once the Summons is issued by the Clerk, and is then served on the other party.
Basic Text of "Automatic Restraining Order" on a Summons (Dissolution) in California:
AUTOMATIC RESTRAINING ORDERS
The summons must contain temporary restraining orders restraining both parties from removing minor children of the parties, if any, from the state without the prior written consent of the other party or an order of the court; restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures at least five business days before incurring those expenditures and to account to the court for all extraordinary expenditures made after service of summons on that party; and restraining both parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of, any insurance or other coverage, including life, health, automobile, and disability held for the benefit of the parties and their child or children for whom support may be ordered.
Such orders do not represent a court determination or competent evidence in any proceeding of any prior history of the conduct proscribed occurring between the parties. Nonetheless, the summons must also 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 it. On personal service on the respondent, or on waiver and acceptance of service by the respondent, these temporary orders are in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court. The orders are enforceable in any place in the state, but are not enforceable by a law enforcement agency of a political subdivision unless the 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 it. 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 a court order is punishable under the Penal Code by imprisonment and fine. A willful and knowing violation of the other orders is punishable under the Penal Code as a misdemeanor, by imprisonment and fine.
Neither party is precluded from applying to the court for modification or revocation of these temporary restraining orders, or for further temporary orders, or an expanded temporary ex parte order.
IAAL
