Ex Parte TROs in Family Law

Division 2, Part 4 of the California Family Code provides general provisions for ex parte temporary restraining orders (TRO). Section 240 states that Part 4 applies where a TRO, including a protective order, is issued under Article 2 dealing with dissolution of marriage, nullity of marriage, or legal separation of the parties; Article 3 dealing with deposit of assets to secure future child support payments; Article 1 dealing with Domestic Violence Prevention Act); and, Article 2 dealing with Uniform Parentage Act.

Section 241 provides that an order under 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 that great or irreparable injury would result to the petitioner before the matter can be heard on notice.

Section 242 states that, within 21 days (or 25 days for good cause) from the date that a TRO is granted or denied, a hearing must be held on the petition. If no request for a TRO is made, the hearing must be held within 21 days, or, if good cause appears to the court, 25 days from the date that the petition is filed.

Section 243 specifies that, if a petition under this part has been filed, the respondent is required to be personally served with a copy of the petition, the TRO and the notice of hearing on the petition. Service has to be made at least five days before the hearing, with specified exceptions.

Section 244 states, on the day of the hearing, the hearing on the petition takes 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.

Section 245 specifies the respondent is entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition. Either party may request a continuance of the hearing, which the court is required to grant on a showing of good cause.

Section 246 requires a request for a TRO issued without notice to 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 is to 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.