Ex Parte Temporary Restraining Orders - General Provisions - CA Family Law

Section § 240

This part of the law explains when certain temporary restraining orders can be applied. It mainly covers situations like divorce or legal separation, securing child support, and domestic violence prevention. It applies to specific legal actions under these categories, excluding some instances like a specific order under domestic violence law.

This part applies where a temporary restraining order, including a protective order as defined in Section 6218, is issued under any of the following provisions:

(a) Article 2 (commencing with Section 2045) of Chapter 4 of Part 1 of Division 6 (dissolution of marriage, nullity of marriage, or legal separation of the parties).

(b) Article 3 (commencing with Section 4620) of Chapter 3 of Part 5 of Division 9 (deposit of assets to secure future child support payments).

(c) Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10 (Domestic Violence Prevention Act), other than an order under Section 6322.5.

(d) Article 2 (commencing with Section 7710) of Chapter 6 of Part 3 of Division 12 (Uniform Parentage Act).

temporary restraining order protective order divorce legal separation child support security domestic violence prevention family law Uniform Parentage Act nullity of marriage asset deposit marital dissolution protective measures Section 6218 Domestic Violence Prevention Act future child support

(Amended by Stats. 1998, Ch. 511, Sec. 1. Effective January 1, 1999.)

Section § 241

This law section states that usually, a court order mentioned in Section 240 can't be issued without informing the other party, unless there's a serious risk of harm to the person asking for the order and waiting to notify the other party could cause that harm.

Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the declaration in support of the petition for the order, or in the petition for the order, that great or irreparable injury would result to the petitioner before the matter can be heard on notice.

court order notice requirement respondent notification great injury irreparable harm declaration of facts petition support urgent cases emergency orders petitioner's protection respondent rights

(Amended by Stats. 2010, Ch. 572, Sec. 6. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)

Section § 242

This law section explains that when someone asks for a temporary restraining order, there must be a court hearing within 21 days, or 25 days if there's a good reason for the delay. If no temporary restraining order is requested, the same timeline applies from when the petition is filed. If the hearing doesn't happen in this time frame, the temporary restraining order can't be enforced anymore unless it gets extended by the court.

(a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for a temporary restraining order is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days from the date that the petition is filed.

(b) If a hearing is not held within the time provided in subdivision (a), the court may nonetheless hear the matter, but the temporary restraining order shall no longer be enforceable unless it is extended under Section 245.

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(Amended by Stats. 2015, Ch. 411, Sec. 4. (AB 1081) Effective January 1, 2016.)

Section § 243

When someone files a petition, the person it's against must be personally given the petition, any temporary restraining order, and the hearing notice at least five days before the hearing. The court can allow a shorter notice period if needed. Once served, the person can respond to the claims made in the petition.

(a) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary restraining order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing.

(b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent.

(c) If service on the respondent is made, the respondent may file a response that explains or denies the allegations in the petition.

petition personal service temporary restraining order notice of hearing respondent five-day rule court motion shorten service time response to petition allegations hearing requirements service timeline court discretion legal notice filing response

(Amended by Stats. 2015, Ch. 411, Sec. 5. (AB 1081) Effective January 1, 2016.)

Section § 244

This section ensures that hearings for certain petitions are prioritized over most other matters on the court's schedule. If there's a hearing on a petition, it should happen as soon as possible and take priority over other cases, unless those cases are older or have special legal precedence.

(a) On the day of the hearing, the hearing on the petition shall take precedence over all other matters on the calendar that day, except older matters of the same character, and matters to which special precedence may be given by law.

(b) The hearing on the petition shall be set for trial at the earliest possible date and shall take precedence over all other matters, except older matters of the same character, and matters to which special precedence may be given by law.

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(Amended by Stats. 2010, Ch. 572, Sec. 9. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)

Section § 245

If you're responding to a legal petition, you automatically get one delay to prepare your response. Either side can ask to delay a court hearing by showing a good reason. If the court agrees to a delay, any temporary restraining orders stay in place until the new hearing date, unless the court decides to change them. Any extended orders must clearly show the new expiration date, and there's no fee for extending these orders.

(a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition.

(b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.

(c) If the court grants a continuance, any temporary restraining order that has been issued shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.

(d) If the court grants a continuance, the extended temporary restraining order shall state on its face the new date of expiration of the order.

(e) A fee shall not be charged for the extension of the temporary restraining order.

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(Amended by Stats. 2015, Ch. 411, Sec. 6. (AB 1081) Effective January 1, 2016.)

Section § 246

This law states that if someone submits a request for an emergency restraining order without notifying the other party in a situation described in Section 240, the court has to make a decision on the same day. If the court gets the request too late, it will decide the next business day, making sure the order is ready to be filed by the end of that day.

A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.

temporary restraining order emergency request court decision same-day decision filed petition notice next business day judicial review court clerk Section 240 granting orders denying orders effective review daily processing

(Amended by Stats. 2010, Ch. 572, Sec. 11. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)