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AB 1297

Automatic temporary restraining orders.

2025-2026 Regular Session Introduced by Catherine Stefani

Expands automatic TROs with summons to ban insurance lapses and nonrenewal, preserving coverage for parties and children during litigation.

Chaptered by Secretary of State - Chapter 48, Statutes of 2025.
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Bill Summary · AB 1297

AB 1297 — Automatic temporary restraining orders (Stefani) — Chapter 48, Statutes of 2025

Summary

AB 1297 revises Family Code section 2040 to expand the scope of automatic temporary restraining orders (TROs) that are included with the summons in family-law proceedings (dissolution, nullity, legal separation, and Uniform Parentage Act cases). The bill adds specific prohibitions to prevent either party from allowing insurance coverage to lapse or fail to be renewed, in addition to existing prohibitions against cashing out, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of insurance and other coverage. The change is intended to preserve insurance coverage for parties and children while litigation is pending.

Key provisions

  • Amends and replaces Family Code § 2040 to require that the summons contains a TRO that, among other things:
    • Restrains both parties from removing minor children from the state or applying for new/replacement passports without consent or court order.
    • Restrains both parties from transferring, encumbering, concealing, or disposing of property (community, quasi‑community, or separate), except in the ordinary course of business or for necessities of life; requires notice for extraordinary expenditures and accounting to the court.
    • Continues to allow use of community/quasi‑community/separate property to pay reasonable attorney fees (with accounting obligations).
    • Expands the insurance-related restraining language to prohibit both parties from:
    • cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of insurance or other coverage (life, health, automobile, disability); AND
    • allowing a plan to lapse for nonpayment of premiums or failing to renew coverage (effective as described below).
    • Restrains creation or modification of nonprobate transfers that affect disposition without consent or court order.
  • Retains explicit exceptions that are not restrained: creation/modification/revocation of wills; revocation of a nonprobate transfer or elimination of survivorship rights provided notice is filed and served before the change takes effect; creation of unfunded trusts; execution/filing of disclaimers under Probate Code.

Who is affected

  • Parties to family-law actions: spouses, domestic partners, parents in dissolution, legal separation, nullity, and parentage proceedings.
  • Children who are beneficiaries of insurance or other coverage (whose coverage the TRO seeks to protect).
  • Insurers and third parties (to the extent the TROs affect lapses/cancellations or transfers of policies).
  • Courts and family law practitioners (notice/accounting procedures, enforcement).

Timeline and procedural status

  • Introduced: February 21, 2025
  • Passed Assembly and Senate (unanimous recorded votes in committee and floor actions noted)
  • Enrolled and presented to Governor: July 2, 2025
  • Approved by Governor and chaptered: July 14, 2025 (Chapter 48, Statutes of 2025)
  • Legislative counsel digest and bill language indicate that the insurance-lapse prohibition is intended to commence on January 1, 2027.

Practical impact and considerations

  • The bill extends existing protections designed to preserve marital/parental assets and benefits by explicitly preventing either party from passively allowing insurance to lapse or from failing to renew coverage during litigation.
  • Enforcement remains within family court (contempt, accounting, orders for restoration or indemnification), and the statute continues to allow a party to use funds to secure counsel (with accounting obligations).
  • Parties should review and maintain insurance premium payments and renewal processes while litigation is pending to avoid potential violations of the TRO.
  • Insurers may see implications in interactions with family-law matters (requests for notice, disputes over lapses attributable to one party).

Compiled from official sources — confirm details with the bill’s official record.

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