*Content warning: discussion of domestic abuse
What You Need to Know About an Ex Parte Motion for Temporary Restraining Order
One may request an ex parte, or a temporary motion, to protect themself from abuse or assault of another person. Here’s everything you need to know about an ex parte motion for a temporary restraining order in California.
Temporary restraining orders may be filed at the Civil Division Clerk’s Office requesting immediate protection. After attending a hearing, a judge may decide to convert the temporary order into a permanent one lasting for up to five years.
Types of Restraining Orders
Civil harassment may include any form of abuse, stalking, or assault against another person. A victim may qualify for a civil harassment restraining order if:
-Someone has abused or threatened abuse
-The survivor feels scared, annoyed, or harassed
Other types of restraining orders may include:
-Domestic violence restraining order (former or current romantic partners, close relatives)
-Elder or dependent adult abuse restraining order (elders are 65 or older, dependent adults are between 18 and 64)
-Workplace violence restraining order (filed by an employer for an employee)
Restraining orders may:
-Stop someone from specific actions against the protected person
-Force someone to stay away
-Kick out or move someone out of the shared residence
What is an ex parte motion?
Ex parte, or emergency orders, are temporary orders to protect survivors as soon as possible. The hearing will occur at the court’s earliest convenience and last shorter than regular court proceedings. Notifying the other party may not be necessary.
An ex parte motion may request the court for a temporary restraining order to:
-Prevent danger or harm to an individual or children
-Prevent loss or damage to property
-Set a date or hearing for the issue
-Shorten or extend the time for a party to receive the papers
-Reschedule a hearing
How to Request Ex Parte Motion in California
1. Fill out the following required documents.
Filed and filled emergency orders should include:
-Request for Order (Form FL-300)
-Income and Expense Declaration (FL-150)
-Simplified Financial Statement (FL-155)
-Property Declaration (FL-160)
-Temporary Emergency (Ex Parte) Orders (FL-305)
-Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Order (FL-303)
One may include the following details in the application of the restraining order:
-Identification of an attorney or party
-Affirmative, written declarations of factual information demonstrating a need for an emergency hearing
-Disclose previous applications, if any, with similar issues
Related: Grounds for Ex Parte Orders in California
2. The judge decides on the order.
The judge will decide to make the order by the next business day. If the judge grants the order, the ex parte or temporary order will last until the set court date.
The order may either:
-Prevent the restrained person from contacting the petitioner
-Prevent the restrained person from coming close to the petitioner
3. Serve the papers
Before the court date, a nonpartisan third-party adult must serve the other person with a copy of the restraining order papers.
Ask a judge to complete the Temporary Restraining Order form (CH-110). Complete the Sheriff Instruction Form (OCSD1), where the clerk will forward the documents to the Sheriff.
The forms below may be necessary for a complete service:
-Notice of Court Hearing (CH-109) (filed and stamped by a clerk)
-Temporary Restraining Order (CH-110)
-Request for Civil Harassment Restraining Orders (CH-100)
-Response to Request for Civil Harassment Restraining Orders (CH-120)
-Proof of Firearms Turned In or Sold (CH-800)
Related: Applying for an Ex Parte Motion in California
4. Attend the hearing
If the protected person fails to attend the hearing, the court will terminate the temporary restraining order. If the restrained person does not show up, the court will not consider their argument.
5. Judge renders decision
The judge may either continue or cancel the temporary order. The permanent order may last up to five years.
Requests for emergency orders should include the requested relief, the date, time, and place for the application, and the hearing’s date, time, and place.
What is a temporary restraining order?
Under California Rules of Court (Rule 5.169), the party seeking emergency orders should serve papers to the other person before the hearing. The court will not conduct a hearing unless the other person has received service. However, the judge may waive the requirement if the situation demonstrates imminent harm.
A restraining order prevents a restrained person from:
-Contacting the petitioner or any member of the petitioner’s household
-Nearing the petitioner, children, or anyone else
-Visiting locations where the petitioner frequents
-Carrying/owning a gun
Law enforcement officers around California can see the existing restraining orders with a restraining order.
Types of Domestic Violence Restraining Orders in California
Three types of domestic violence restraining orders exist:
-Emergency protective order
-Temporary (ex parte) restraining order
-Restraining order after hearing
Emergency Protective Order
After receiving a domestic violence call, a police officer may immediately ask a judge to issue an emergency protective order for the survivor. However, the order will only last five business days or seven calendar days.
Temporary Restraining Order
Within three weeks, a clerk will set a court date for a full hearing to ask for a full protective order. If the survivor is in immediate danger, a California court may put a temporary restraining order in place.
Restraining Order After Hearing
A restraining order after a court hearing may last up to five years, but if a termination date does not exist, the order will last three years from the date of issuance.
Filing a Temporary Restraining Order in California
One may file all relevant forms with the Civil Division Clerk’s Office earlier than 4:00 p.m. If a person threatens another with violence, the petitioner does not have to pay a filing fee. If a survivor cannot afford a fee, a waiver may apply.
In California, fill out the Declaration Re: Notice Temporary Restraining Order form L-08889.
Responding to a Restraining Order
After being served, an individual may respond to the request by filling out form CH-120, a Response to Request for Civil Harassment Restraining Orders. Someone else should mail the copy to the petitioner and fill out a Proof of Service of Response by Mail (CH-250). The restrained person should attend the hearing, or else a judge can issue an order without their input.
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If you or a loved one would like to learn more about Ex Parte Motion for Temporary Restraining Order California, get your free consultation with one of our Domestic Violence Attorneys today!