2005 California Family Code Sections 240-246 PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS

240.  This part applies where a temporary restraining order,
including a protective order as defined in Section 6218, is issued
under any of the following provisions:
   (a) Article 2 (commencing with Section 2045) of Chapter 4 of Part
1 of Division 6 (dissolution of marriage, nullity of marriage, or
legal separation of the parties).
   (b) Article 3 (commencing with Section 4620) of Chapter 3 of Part
5 of Division 9 (deposit of assets to secure future child support
payments).
   (c) Article 1 (commencing with Section 6320) of Chapter 2 of Part
4 of Division 10 (Domestic Violence Prevention Act), other than an
order under Section 6322.5.
   (d) Article 2 (commencing with Section 7710) of Chapter 6 of Part
3 of Division 12 (Uniform Parentage Act).
241.  Except as provided in Section 6300, an order described in
Section 240 may not be granted without notice to the respondent
unless it appears from facts shown by the affidavit in support of the
application for the order, or in the application for the order, that
great or irreparable injury would result to the applicant before the
matter can be heard on notice.
242.  (a) Except as provided in subdivision (b), if an order
described in Section 240 is issued, the matter shall be made
returnable on an order requiring cause to be shown why a permanent
order should not be granted, on the earliest day that the business of
the court will permit, but not later than 20 days or, if good cause
appears to the court, 25 days from the date of the order.
   (b) If a hearing is not held within the time provided in
subdivision (a), the court may nonetheless hear the matter, but the
order is unenforceable unless reissued under Section 245.
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.
244.  (a) On the day upon which the order is made returnable, the
hearing shall take precedence over all other matters on the calendar
of the day, except older matters of the same character, and matters
to which special precedence may be given by law.
   (b) When the cause is at issue it shall be set for trial at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character, and matters to
which special precedence may be given by law.
245.  (a) The court may, upon the filing of an affidavit by the
applicant that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent.
   (b) The reissued order shall state on its face the date of
expiration of the order.
   (c) No fee shall be charged for the reissuance of the order unless
the order had been dissolved three times previously.
246.  An ex parte temporary restraining order described in Section
240 shall be issued or denied on the same day that the application is
submitted to the court, unless the application is filed too late in
the day to permit effective review, in which case the order shall be
issued or denied on the next day of judicial business in sufficient
time for the order to be filed that day with the clerk of the court.