California Family Code

§ 6320.5

FAM § 6320.5 Effective Jan 1, 2020Div. 10 · Part 4 · Ch. 2 · Art. 1

Statute text

(a)An order denying a petition for an ex parte order pursuant to Section 6320 shall include the reasons for denying the petition.

(b)An order denying a jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order. The petitioner shall serve on the respondent, at least five days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.

(c)Notwithstanding subdivision (b), upon the denial of the ex parte order pursuant to Section 6320, the petitioner shall have the option of waiving the right to a noticed hearing. However, this section does not preclude a petitioner who waives the right to a noticed hearing from refiling a new petition, without prejudice, at a later time.

Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 64. (AB 1817) Effective January 1, 2020.