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HomeFamily CodeDiv. 2Pt. 4§ 243 Restraining Order Service Rules

§ 243 Restraining Order Service Rules

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 243 Restraining Order Service Rules

This law says that if someone files a petition (like asking for a restraining order), the other person must get the papers in person at least five days before the court date. The court can make this time shorter if needed.

Key Takeaways

  • •The person being accused must get the court papers in person.
  • •They must get the papers at least five days before the court date.
  • •The court can make this time shorter if there's a good reason.
  • •The accused person can write a response to explain or deny what they're being accused of.

Example

If someone asks the court for a restraining order against their neighbor because the neighbor is threatening them, the neighbor must get the court papers in person at least five days before the court hearing.

This gives the neighbor time to prepare and tell their side of the story. If the neighbor doesn't get the papers on time, the court might not be able to make a fair decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 243 Restraining Order Service Rules

(a) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary restraining order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing. (b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent. (c) If service on the respondent is made, the respondent may file a response that explains or denies the allegations in the petition. (Amended by Stats. 2015, Ch. 411, Sec. 5. (AB 1081) Effective January 1, 2016.)

Last verified: January 9, 2026

Key Terms

petitionrespondenttemporary restraining ordernotice of hearingserviceresponse

Related Statutes

  • § 2020 Responsive Pleading Deadline
  • § 212 Verified Court Pleadings Requirement
  • § 233 Temporary Restraining Order Enforcement
  • § 2342.5 Joint Petition Filing Rules
  • § 242 Hearing Timeframes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 243.
View Official Source