California Rules of Court 5.151: Ex Parte Emergency Orders and Notice

California Rules of Court, rule 5.151 is the rule that lets a family law judge issue a temporary emergency order before the usual 16-court-day notice period runs. To get one, you file a Request for Order with a proposed emergency order and a sworn declaration showing immediate danger, irreparable harm, or the imminent loss of property that’s part of the case; you give the other party notice by 10:00 a.m. on the court day before the judge considers the request; and if the judge signs the order, a follow-up hearing on the underlying issue has to happen within 21 days.¹ These are often called ex parte applications because the notice is compressed and, in narrow situations, can be waived entirely.

What Counts as an Emergency

Rule 5.151 requires an “affirmative factual showing” of irreparable harm, immediate danger, or another statutory basis for relief on shortened notice.¹ Concrete facts, not general worry. A judge who decides the matter can wait for the regular calendar will deny the emergency request and set a standard hearing.

For property emergencies, the word that matters is imminent. Evidence of a sale already in progress, an impending foreclosure, or active dissipation of community funds can meet the standard. A concern that your spouse might eventually sell the house doesn’t.

The rule also covers procedural requests that don’t involve a traditional crisis — a motion to shorten time to serve, to shorten time for a hearing, or to continue a trial. Those still have to be justified, but the showing fits the nature of the request rather than requiring danger to a person.

Forms You Need to File

The core package is built around four Judicial Council forms.²

Request for Order (FL-300). Check the “Temporary Emergency Orders” box on page 1 and describe the emergency in item 9. If the request involves custody, check the custody box in item 2; for property, check item 5.
Temporary Emergency Court Orders (FL-305). This is your proposed order. If the judge grants the request, this is the form they sign.³
Declaration Regarding Notice (FL-303). Documents exactly how and when you gave notice, what the other party said, and whether you expect opposition.
Income and Expense Declaration (FL-150). Required whenever the request involves money — support, fees, or payment of a bill.

Every application also needs a written declaration based on personal knowledge. It has to describe the events that created the emergency in facts the declarant witnessed or experienced, and it has to explain why the matter can’t go on the regular hearing calendar.¹ If you’ve asked for the same order before, disclose it and say whether it was granted.

Filing fees apply. If you can’t pay, use form FW-001 to request a waiver; it’s available to people receiving public benefits, earning low income, or lacking enough income to cover basic needs and court costs.⁴

Notice to the Other Party

Under rule 5.165, notice must reach all parties or their attorneys no later than 10:00 a.m. on the court day before the matter will be considered.⁵ The notice has to state the nature of the relief you’re asking for and the date, time, and place where the application will be presented. You also have to try to find out whether the other side will show up or file written opposition, and report what you learned in the FL-303.¹

Notice can go out by phone, in person, or by electronic means where local court rules allow. Missing the deadline without a valid excuse usually ends the application.

Two exceptions exist, and they aren’t the same thing. If you gave notice but gave it late, you can ask the court to accept shortened notice on a showing of exceptional circumstances. If you’re asking to skip notice altogether, you need a sworn declaration showing good cause, and rule 5.165 lists the grounds a judge may accept:⁵

Notice would defeat the purpose of the order.
Notice would result in immediate and irreparable harm to you or the children.
Notice would result in immediate and irreparable damage to or loss of property in the case.
The parties previously agreed notice wouldn’t be required for this type of request.
You made reasonable, good-faith efforts and further attempts would be futile or unduly burdensome.

Extra Rules for Custody and Visitation Requests

Emergency custody requests have to meet Family Code section 3064 on top of rule 5.151. You have to show either immediate harm to the child or an immediate risk that the child will be removed from California. “Immediate harm” includes recent or ongoing domestic violence by a parent and sexual abuse of the child. Courts must also consider whether a parent has illegal access to firearms or ammunition, including possession of a gun in violation of a restraining order or probation.⁶

Rule 5.151 adds specific attachments for custody applications:¹

A full description of the most recent incidents showing immediate harm or risk of removal, with specific dates.
A description of the current custody and visitation arrangement and how your proposed order would change it.
A copy of any existing custody order, or if none exists, a description of where and with whom the child currently lives.
A completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105), or an updated one if the earlier filing is out of date.

Declarations that say a parent is worried without describing specific incidents and dates fail this standard regularly.

After You File

Most courts expect emergency filings early in the morning so the clerk can process them and route them to the assigned judge. Check local procedures for reserving a hearing date.² The judge typically reviews the application the same day, in chambers or at a brief hearing. If granted, the judge signs the FL-305; if denied, the matter usually gets set for a regular hearing.

A signed order isn’t enforceable against the other party until that party has been personally served. Service has to be done by someone who is not a party to the case and is at least 18 years old, who hand-delivers the signed order and the original application.⁷ The server then completes a Proof of Personal Service (FL-330), which you file with the court.⁸

Under Family Code section 242, a hearing on the underlying matter must be held within 21 days of the order being granted, extendable to 25 days for good cause. The temporary order stays in effect until that hearing. If the hearing doesn’t happen in time, the court can still hear the case, but the temporary order becomes unenforceable unless the judge specifically extends it.⁹ For the person who got the order, that means the protection lapses. For the person subject to it, it means losing the chance to contest it before longer-term decisions get made.

Responding to an Emergency Application

If you’ve been notified that one is coming, you can appear and oppose it. The applicant has to ask you whether you’ll show up and whether you’ll file written opposition.¹ Written opposition goes on a Responsive Declaration (FL-320) and should address the specific claims in the applicant’s declaration with your own facts.

Written opposition has to be served on all appearing parties at the first reasonable opportunity. Under rule 3.1206, the court generally won’t hold the hearing until that service is completed, absent exceptional circumstances.¹⁰ The timeline is short, so prepare quickly.

Remote appearances are available for family law proceedings, including emergency hearings. Rule 5.9 currently defers to rule 3.672 for telephone and video appearances through January 1, 2027.¹¹ Local practice varies.

Status Quo Disclosure and Sanctions

If the emergency order you’re asking for would change the current situation, rule 5.151 requires you to say so and describe what the status quo looks like.¹ Skip that disclosure and the court can award attorney’s fees and costs to the other party for whatever it takes to restore the original arrangement.

Beyond that, a frivolous or bad-faith emergency application can draw sanctions under Family Code section 271. The statute lets a judge order you to pay the other side’s fees and costs when your conduct frustrates the policy of resolving family law disputes cooperatively. The other party doesn’t need to prove financial need, but the court will consider your ability to pay and won’t impose a sanction that creates an unreasonable financial burden.¹²

Domestic Violence Restraining Orders Follow a Different Track

If what you need is a domestic violence restraining order, rule 5.151 isn’t the main road. Cases filed under the Domestic Violence Prevention Act are specifically excluded from rule 5.165’s notice requirements and are governed by their own statutory procedures.⁵ DVRO forms, standards, and timelines differ from the general family law emergency process described here.

1
Judicial Branch of California. California Rules of Court 5.151 – Request for Temporary Emergency (Ex Parte) Orders; Application; Required Documents
2
Judicial Branch of California. FL-300-INFO Information Sheet for Request for Order (Family Law)
3
California Courts. Temporary Emergency (Ex Parte) Orders (FL-305)
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California Courts. Request to Waive Court Fees
5
Judicial Branch of California. California Rules of Court 5.165 – Requirements for Notice
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California Legislative Information. California Family Code 3064
7
Judicial Branch of California. Information Sheet for Proof of Personal Service
8
California Courts. Proof of Personal Service (FL-330)
9
California Legislative Information. California Code Family Code 242
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Judicial Branch of California. California Rules of Court 3.1206 – Service of Papers
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Judicial Branch of California. California Rules of Court 5.9 – Appearance by Telephone
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California Legislative Information. California Family Code 271