Court Opinions

State Laws

US Code

US Constitution

California Family Code Section 243

Legal Research Home > California Lawyer > Family Code > California Family Code Section 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.

Last modified: January 12, 2009