(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.

Terms Used In California Family Code 243

  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

(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.)

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