SECTIONS 240-246 - California Statutes

FAMILY.CODE

SECTION 240-246

240. 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).

241. 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 affidavit in support of the
application for the order, or in the application for the order, that
great or irreparable injury would result to the applicant before the
matter can be heard on notice.

241. 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.

242. (a) Except as provided in subdivision (b), if an order
described in Section 240 is issued, the matter shall be made
returnable on an order requiring cause to be shown why a permanent
order should not be granted, on the earliest day that the business of
the court will permit, but not later than 20 days or, if good cause
appears to the court, 25 days from the date of the order.
(b) If a hearing is not held within the time provided in
subdivision (a), the court may nonetheless hear the matter, but the
order is unenforceable unless reissued under Section 245.

242. (a) Within 21 days, or, if good cause appears to the court, 25
days from the date that a temporary order is granted or denied, a
hearing shall be held on the petition. If no request for temporary
orders 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
order is unenforceable unless reissued under Section 245.

243. (a) When the matter first comes up for hearing, the applicant
must be ready to proceed.
(b) If an order described in Section 240 has been issued without
notice pending the hearing, the applicant must have served on the
respondent, at least five days before the hearing, a copy of each of
the following:
(1) The order to show cause.
(2) The application and the affidavits and points and authorities
in support of the application.
(3) Any other supporting papers filed with the court.
(c) If an order described in Section 240 has been issued with
notice pending the hearing, the applicant must have served on the
respondent the documents described in subdivision (b) at least 15
days before the hearing.
(d) If the applicant fails to comply with subdivision (a) and
either subdivision (b) or (c), the court shall dissolve the order.
(e) If service is made under subdivision (b), the respondent is
entitled, as of course, to one continuance for a reasonable period,
to respond to the application for the order.
(f) On motion of the applicant or on its own motion, the court may
shorten the time provided in this section for service on the
respondent.
(g) The respondent may, in response to the order to show cause,
present affidavits relating to the granting of the order, and if the
affidavits are served on the applicant at least two days before the
hearing, the applicant is not entitled to a continuance on account of
the affidavits.

243. (a) When the matter first comes up for hearing, the petitioner
must be ready to proceed.
(b) If a petition under this part has been filed, the respondent
shall be personally served with a copy of the petition, the temporary
order, if any, and the notice of hearing on the petition. Service
shall be made at least five days before the hearing.
(c) If the petitioner fails to comply with subdivision (a) or
subdivision (b), the court shall dissolve the order.
(d) If service is made under subdivision (b), the respondent may
file a response that explains or denies the allegations in the
petition. The respondent is entitled, as a matter of course, to one
continuance for a reasonable period, to respond to the petition for
orders.
(e) On motion of the petitioner or on its own motion, the court
may shorten the time provided in this section for service on the
respondent.
(f) If the response is served on the petitioner at least two days
before the hearing, the petitioner is not entitled to a continuance
on account of the response.

244. (a) On the day upon which the order is made returnable, the
hearing shall take precedence over all other matters on the calendar
of the day, except older matters of the same character, and matters
to which special precedence may be given by law.
(b) When the cause is at issue it shall be set for trial at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character, and matters to
which special precedence may be given by law.

244. (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.

245. (a) The court may, upon the filing of an affidavit by the
applicant that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent.
(b) The reissued order shall state on its face the date of
expiration of the order.
(c) No fee shall be charged for the reissuance of the order unless
the order had been dissolved three times previously.

245. (a) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for hearing.
(b) The reissued order shall state on its face the date of
expiration of the order.
(c) No fee shall be charged for the reissuance of the order unless
the order had been dissolved three times previously.

246. An ex parte temporary restraining order described in Section
240 shall be issued or denied on the same day that the application is
submitted to the court, unless the application is filed too late in
the day to permit effective review, in which case the order shall be
issued 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.

246. 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.