ORDER TO SHOW CAUSE AND TEMPORARY ORDERS (FAMILY LAW) $85.00 Flat.
Telephone: (213) 352-0533 Fax: (888) 596-4381
Court Document
Required
Order to Show Cause (form 1285), completed Application for Order and Supporting
Declaration (form 1285.20), blank Responsive Declaration (form 1285.40),
Temporary Orders (form 1285.05), any additional documents listed in the Order to
Show Cause
Purpose of Process
Notifies respondent of a hearing concerning various issues and restrains the
respondent from certain activities and conduct
Process Server's
Instructions
Provide the name and address of the person to be served; list all documents to be
served. Must be signed and dated by the petitioner’s attorney, or the petitioner if
the petitioner doesn’t have an attorney
Manner of Service
Personal Service
Time for Service
The OSC/TO must be served within five days after issuance or two days before the hearing,
whichever is earliest
Fee Deposit
$85.00-$125.00 to start. Petition for Dissolution of Marriage $125.00
Fee
$85.00-$125.00 or more to start if served, not found or canceled.
Proof of Service
If service is made, a proof of service is sent to court and the petitioner, who should
file it with the police agency listed in the order. If service is not made, the OSC/TO
and a certificate of not found/no service explaining the reason for non-service are
mailed to the petitioner.
Information Guide
In a family law action for divorce, annulment or separation, the court can issue a number of orders to
protect people and property. A summons and petition are the process used by the Superior Court to obtain
jurisdiction of the case. If immediate relief is sought, the petitioner may petition the court for an order to
show cause and temporary order. The order to show cause (OSC) is a notice of motion advising the
respondent to appear at a hearing to determine whether a long term injunction prohibiting certain activities
should be issued. The temporary order (TO) restrains the respondent from certain activities and types of
conduct for a limited period of time. The OSC and TO should be given to the Process Server without delay
because service must be made within five days after issuance or at least two days before the hearing,
whichever is earliest.
The Process Server will make up to three attempts to serve the process, including one night time attempt
after 6:00 p.m. (unless the respondent cannot be found at the address in the evening.) After the
respondent is served, the Process Server will mail a notice of service to the petitioner and file a proof of
service with the court. If service has not been made, the OSC/TO will be returned to the petitioner together
with a certificate of not found/no service detailing the reasons for non-service. A not found fee is charged if
at least three attempts are made or the respondent doesn’t live or work at the address. If the respondent
appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of
18 or hiring a registered process server who can devote more time to effect service.
Checklist
$85.00-$125.00 or more
Order to Show Cause (form 1285)
completed Application for Order and Supporting Declaration (form 1285.20)
blank Responsive Declaration (form 185.40)
Temporary Orders (form 1285.05)
any additional documents listed in the Order to Show Cause
Process Server's Instructions
$125.00 for Dissolution of Marriage
Note: If you are in a different state than
California, simply use those required
court forms for your state.
