What You Need to Know About Order to Show Cause Hearing in California
In family law, an order to show cause hearing may address a wide variety of issues, such as: child custody, visitation rights, alimony orders, and domestic abuse. Here’s what you need to know about order to show cause hearings in California.
An order to show cause hearing, also known as an OSC, is a court order that requires a party to appear in court on an arranged date to show cause or justification as to why a requested order should or should not be made. In the realm of family law, divorce and/or custody proceedings often involve an OSC. Compared to a motion, OSCs are often considered faster and easier to file.
Purpose of a Request to Show Cause Hearing
An order to show cause hearing can often provide relief to one party in front of the court. Some cases where an order to show cause may provide significant relief include:
- Child Custody: If one parent consistently fails to comply with the existing custody arrangement or order, the other parent (in this case, the opposite party) may request an order to show cause hearing to change the current custody agreement.
- Child Visitation: If the custodial parent refuses to comply with the noncustodial parent’s agreed-upon visitation times, the noncustodial parent can request an order to show cause. This may force the custodial parent to either modify the visitation schedule or allow the noncustodial parent to make appropriate visits to the child. An order to show cause may also grant custody to the noncustodial parent.
- Child Support: The custodial parent may request an order to show cause in order to compel the noncustodial parent to appear before the court. Here, the noncustodial parent is to explain the failure in child support payments.
- Spousal Support: Similar to the child support scenario, one may request an order to show cause to modify the current order or divorce decree.
- Control and Restraint of Property: By requesting an order to show cause, one may be able to prevent a spouse from selling physical property. One may also transfer control of the marital property to another spouse.
In family law, the main goal of show cause hearings is to resolve family disputes quickly and efficiently.
Requesting an Order to Show Cause Hearing
To begin the process, one must first complete Form FL-300 in order to get a court date. If the request is related to custody or visitation matters, the involved parties are required to attend a mediation session prior to the show cause hearing. If the involved parties have never been to mediation in the past, they will also receive a mediation date. Children ages 6 and older must be present during mediation.
Make two copies of the order prior to filing it with the clerk. The filing fee is $60 for a family case. Once you file the form with the appropriate clerk, the petitioner will receive a hearing date. Following this, the respondent must be served a copy of the order in person. The person delivering the papers must be an individual over the age of 18 not involved in the case. Papers served should include a Form FL-320 and a blank Responsive Declaration to Order to Show Cause. The person serving the respondent must also complete a Proof of Service Form (Form FL-330) and file it with the court.
Responding to an Order to Show Cause
A respondent must be physically present at the hearing to provide justification as to why he or she objects to the order being issued. In court, the respondent should present details as to how the respondent did comply with the existing order or sufficient reason as to why the respondent was unable to comply with the said order. It is also possible for the respondent to comply with the order prior to the scheduled hearing.
FAQs About Order to Show Cause Hearing in California
What is a show-cause penalty?
A show-cause penalty is a punishment given to a party who is found to be in major violation of an established order. This often occurs when one party is in violation of a shared parenting plan or agreement. In this case, the party receiving a show-cause penalty may also be required to pay a fine, face jail time, or award attorney fees.
What happens if the respondent fails to appear in court on the hearing day?
If the respondent is not present in court on the hearing date in order, the judge may issue a civil bench warrant for the respondent’s arrest. Hence, it is important that all involved parties are present on the hearing date.
How can I get an emergency ex parte hearing?
An ex parte hearing only involves the presence of the petitioner. The respondent may receive little notice of the emergency hearing. In order to receive an emergency hearing, the petitioner must demonstrate an immediate risk of significant harm. This is often seen in cases involving the abuse, abduction, or neglect of a child. Emergency hearings may also be used in cases of domestic abuse.
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