Rule 5.151. Request for temporary emergency (ex parte) orders; application; required documents

(a) Application 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.

(b) Purpose 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:

(1) Make orders to help prevent an immediate danger or irreparable harm to a party or to the children involved in the matter;

(2) Make orders to help prevent immediate loss or damage to property subject to disposition in the case; or

(3) Make orders about procedural matters, including the following:

(A) Setting a date for a hearing on the matter that is sooner than that of a regular hearing (granting an order shortening time for hearing);

(B) Shortening or extending the time required for the moving party to serve the other party with the notice of the hearing and supporting papers (grant an order shortening time for service); and

(C) Rescheduling a hearing or trial.

(c) Required documents

(1) Request for order

(A) Request for Order(form FL-300) that identifies the relief requested.

(B) When relevant to the relief requested, a currentIncome and Expense Declaration(form FL-150) orFinancial Statement (Simplified)(form FL-155) andProperty Declaration(form FL-160).

(C) Temporary Emergency (Ex Parte) Orders(form FL-305) to serve as the proposed temporary order.

(D) A written declaration regarding notice of application for emergency orders based on personal knowledge.Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders(form FL-303), a local court form, or a declaration that contains the same information as form FL-303 may be used for this purpose.

(E) A memorandum of points and authorities only if required by the court.

(2) Request to reschedule hearing

(d) Contents of application and declaration

(1) Identification of attorney or party

(2) Affirmative factual showing required in written declarations

(3) Disclosure of previous applications and orders

(4) Disclosure of change in status quo

(5) Applications regarding child custody or visitation (parenting time)

(A) Provide a full, detailed description of the most recent incidents showing:

(i) Immediate harm to the child as defined in Family Code section 3064(b); or

(ii) Immediate risk that the child will be removed from the State of California.

(B) Specify the date of each incident described in (A);

(C) Advise the court of the existing custody and visitation (parenting time) arrangements and how they would be changed by the request for emergency orders;

(D) Include a copy of the current custody orders, if they are available. If no orders exist, explain where and with whom the child is currently living; and

(E) Include a completedDeclaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)(FL-105) if the form was not already filed by a party or if the information has changed since it was filed.

(6) Applications for child custody or visitation (parenting time) when child is in the state for gender-affirming health care or gender-affirming mental health care

(A) Be filed with, or after filing, either:

(i) A petition appropriate for the case type (for example, a petition for dissolution of marriage or legal separation, a petition to determine parental relationship, or a petition for custody and support); or

(ii) Registration of Out-of-State Custody Order(form FL-580) if there is a previous custody determination in another state and the party does not intend to file a petition under (i).

(B) Include the documents listed in (c) of this rule.

(C) Include the information specified in (d)(5)(C)-(E) of this rule.

(e) Contents of notice and declaration regarding notice of emergency hearing

(1) Contents of notice

(A) State with specificity the nature of the relief to be requested;

(B) State the date, time, and place for the presentation of the application;

(C) State the date, time, and place of the hearing, if applicable; and

(D) Attempt to determine whether the opposing party will appear to oppose the application (if the court requires a hearing) or whether the opposing party will submit responsive pleadings before the court rules on the request for emergency orders.

(2) Declaration regarding notice

(A) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 5.165, the applicant informed the opposing party where and when the application would be made;

(B) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or

(C) That, for reasons specified, the applicant should not be required to inform the opposing party.

Committee Notes

(Subd (c) amended effective July 1, 2020, previously amended effective July 1, 2016.)

(Subd (d) amended effective January 1, 2024.)