The rules in this chapter govern applications for emergency orders (also known as ex parte applications) in family law cases, unless otherwise provided by statute or rule. These rules may be referred to as “the emergency orders rules.” Unless specifically stated, these rules do not apply to ex parte applications for domestic violence restraining orders under the Domestic Violence Prevention Act.
The purpose of a request for emergency orders is to address matters that cannot be heard on the court’s regular hearing calendar. In this type of proceeding, notice to the other party is shorter than in other proceedings. Notice to the other party can also be waived under exceptional and other circumstances as provided in these rules. The process is used to request that the court:
(Subd (b) amended effective July 1, 2020.)
A request for emergency orders must be in writing and must include all of the following completed documents:
A request to reschedule a hearing must comply with the requirements of rule 30 5.95.
(Subd (c) amended effective July 1, 2020, previously amended effective July 1, 2016.)
An application for emergency orders must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party, if known to the applicant.
The declarations must contain facts within the personal knowledge of the declarant that demonstrate why the matter is appropriately handled as an emergency hearing, as opposed to being on the court’s regular hearing calendar. An applicant must make an affirmative factual showing of irreparable harm, immediate danger, or any other statutory basis for granting relief without notice or with shortened notice to the other party.
An applicant should submit a declaration that fully discloses all previous applications made on the same issue and whether any orders were made on any of the applications, even if an application was previously made upon a different state of facts. Previous applications include an order to shorten time for service of notice or an order shortening time for hearing.
The applicant has a duty to disclose that an emergency order will result in a change in the current situation or status quo. Absent such disclosure, attorney’s fees and costs incurred to reinstate the status quo may be awarded.
Applications for emergency orders granting or modifying child custody or visitation (parenting time) under Family Code section 3064 must:
When notice of a request for emergency orders is given, the person giving notice must:
An application for emergency orders must be accompanied by a completed declaration regarding notice that includes one of the following statements:
Cal. R. Ct. 5.151