Compel Compliance With Orders

Summary

Filing a declaration to compel adherence to divorce restraining orders in California involves drafting a detailed declaration, attaching evidence, and filing a Request for Order (FL-300) at the court handling your divorce. Serve the forms to the petitioner and attend the hearing. Include specifics like unauthorized financial actions, impact on family, and request for counseling or financial transparency. You can also request bank statements and investment account details for transparency and proper asset division. If needed, request a change in the separation date with supporting reasons.

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yes when divorce filed
Thank you for clarifying. Here are some general steps you can take regarding a declaration to compel adherence to divorce restraining orders in California:
- **File a Declaration:** Draft a declaration stating the specifics of how the restraining order was violated.
- **Attach Evidence:** Include any evidence of financial changes to accounts.
- **Request Hearing:** File a Request for Order (FL-*) at the court where your divorce case is being handled.
Would you like information on how to file these documents?
yes
Certainly! Here are the steps for filing these documents in California:
- **Complete Forms:** Fill out the Request for Order (FL-*) and your declaration.
- **File Forms:** Submit the completed forms at the court handling your divorce case.
- **Serve Forms:** Serve the filed forms to the petitioner.
- **Attend Hearing:** Attend the scheduled hearing.
Would you like details on the nearest Superior Court to your location?
how do i indicate on declaration
To indicate the specifics on your declaration, follow these guidelines:
- **Introduction:** State your name, case number, and the purpose of the declaration.
- **Facts:** Detail the restraining order and specify how it was violated.
- **Evidence:** List and attach any supporting evidence.
- **Conclusion:** Request the judge to compel adherence to the restraining order.
Would you like more details on any of these sections?
how to write that he closed the bank account we always used during marriage even though it wasnt a joint account. financial abuse
Certainly! Here’s how you can write that in your declaration:
- **Facts Section:**
"During our marriage, we used a bank account primarily for household expenses and savings. Although it was not a joint account, it was understood to be used for our mutual benefit. On [date], the petitioner closed this account without my consent, causing financial hardship. This action violates the restraining order issued by the court on [date of restraining order]."
Would you like any further assistance with your declaration?
our tax returns were deposited in this account
To address the issue of the tax returns in your declaration, you can include the following information in the **Facts Section**:
- **Facts Section:**
"Our tax returns were deposited into the account we used during our marriage. The petitioner closed this account on [date] without my consent, restricting access to these funds and causing financial hardship. This action violates the restraining order issued by the court on [date of restraining order]."
Would you like any further assistance with your declaration?
he also has turned off our home phone line, and now threatendiung to disconnect our internet which children require for school
I'm sorry to hear that you're going through this. Here's how you can include the information about the phone line and internet in your declaration:
- **Facts Section:**
"The petitioner turned off our home phone line and is now threatening to disconnect our internet, which our children require for school. These actions are causing significant hardship and are in violation of the restraining order issued by the court on [date of restraining order]."
Would you like any more guidance on this?
purchased a vehicle withoput my approval or knowledge
I'm sorry to hear about your situation. To include the unauthorized vehicle purchase in your declaration, you can write:
- **Facts Section:**
"The petitioner purchased a vehicle without my approval or knowledge on [date]. This unauthorized financial decision further violates the restraining order issued by the court on [date of restraining order], causing additional financial strain."
Would you like any further assistance with your declaration?
he states he cannot afford to pay for our childrens medical expenses but can purchase a new vehicle
To include the information about your children's medical expenses in your declaration, you can write:
- **Facts Section:**
"The petitioner claims he cannot afford to pay for our children's medical expenses, yet he has recently purchased a new vehicle on [date]. This inconsistent financial behavior violates the restraining order issued by the court on [date of restraining order] and demonstrates financial irresponsibility, causing further hardship to our children and me."
Would you like any more guidance on this?
i was responsibkle for our children and househiold duties during marriage ansdm did nitworjk full time
It can be helpful to include your role and contributions during the marriage in your declaration. You can write:
- **Facts Section:**
"During our marriage, I was responsible for our children and household duties and did not work full time. The petitioner's actions, such as closing our bank account, turning off our phone line, and threatening to disconnect our internet, have caused significant hardship. These actions violate the restraining order issued by the court on [date of restraining order]."
Would you like any further assistance with your declaration?
give examples of how this effects us
Certainly! To illustrate how these actions have impacted you and your family, you can include the following in your declaration:
- **Facts Section:**
"The petitioner's actions have caused significant financial and emotional hardship. Closing our bank account has restricted access to funds needed for daily expenses. Turning off our phone line and threatening to disconnect the internet disrupts essential communication and our children's education. The unauthorized purchase of a vehicle indicates financial irresponsibility, while failing to pay for our children's medical expenses adds further strain. These actions violate the restraining order issued by the court on [date of restraining order]."
Would you like any more guidance on this?
he continuies to be inflexiblke and i cannot communicate with him at this time. I would like counseling to be ordered for us to attend for co parenting and our divorce
I'm sorry to hear about your situation. To request counseling for co-parenting and your divorce, you can include the following in your declaration:
- **Request Section:**
"Due to the petitioner's continued inflexibility and lack of communication, I request the court to order counseling for both of us to attend, aimed at improving co-parenting and resolving issues related to our divorce."
Would you like any further assistance with your declaration?
we are not in a place to make joint decisions regarding diviorce
I'm sorry to hear about the difficulties you're experiencing. To address the inability to make joint decisions in your declaration, you can include the following:
- **Request Section:**
"We are currently unable to make joint decisions regarding our divorce. Therefore, I request the court to intervene and assist in making necessary decisions to ensure fairness and compliance with the restraining order issued on [date of restraining order]."
Would you like any further assistance with your declaration?
i would like the judge to order that petitioner provide detailed bankaccoiunt transactions to me .
To request that the judge order the petitioner to provide detailed bank account transactions, you can include the following in your declaration:
- **Request Section:**
"I request the court to order the petitioner to provide detailed bank account transactions, including all deposits and withdrawals, to ensure transparency and compliance with the restraining order issued on [date of restraining order]."
Would you like any further assistance with your declaration?
can i request bank statements from during our marriage prior to filing for divorce
Yes, you can request bank statements from during your marriage prior to filing for divorce. Here’s how you can include that in your declaration:
- **Request Section:**
"I request the court to order the petitioner to provide bank statements from during our marriage up to the date of filing for divorce, to ensure transparency and proper division of assets."
Would you like any further assistance with your declaration?
I would like copies of all investment accounts and savings accounts as well.
To request copies of all investment and savings accounts, you can include the following in your declaration:
- **Request Section:**
"I request the court to order the petitioner to provide copies of all investment and savings account statements from during our marriage up to the date of filing for divorce, to ensure transparency and proper division of assets."
Would you like any further assistance with your declaration?
change seperation date
To request a change of separation date, you can include the following in your declaration:
- **Request Section:**
"I request the court to change the date of separation to [desired separation date] for the following reasons: [provide reasons and evidence supporting the new separation date]."
Would you like any further assistance with your declaration?
what reasons
To provide reasons for changing the separation date, you can include the following in your declaration:
- **Request Section:**
"I request the court to change the date of separation to [desired separation date] because:
- We continued living together until [date].
- We shared expenses and maintained joint finances until [date].
- We participated in family activities together until [date]."
Would you like any further assistance with your declaration?