Emergency Orders
An ex parte is a request to ask a judge to schedule a hearing sooner than the standard timeline — used when something cannot wait weeks or months for a regular hearing date. A judge reviews your written declaration and may grant temporary orders while your case moves forward.
Dealing with domestic violence or need a restraining order? Visit our DVRO & Safety Resources page →
Courts can and do sanction parents who misuse the ex parte process. If unsure, speak with the Family Law Facilitator at your courthouse before filing.
You need a strong written declaration explaining the emergency. It must include: what happened, specific dates and details, why it cannot wait for a regular hearing, and what orders you are requesting.
For custody or visitation applications, your declaration must also include:
Gather and complete the following forms. The FamLaw-107 (Declaration Re Notice) cannot be completed until after you have given notice in Step 3 — prepare everything else first.
Before going to the courthouse, you must contact the other party's attorney — or the other party directly if they are unrepresented — and give them copies of every document you are submitting. This is not a heads-up; you are giving them full transparency of what the judge will see. Notice is not the same as formal legal service.
Who to notify:
What your notice must include:
Once you have given notice, complete the FamLaw-107 (Declaration Re Notice Upon Ex Parte Application For Orders). This is a Contra Costa local form — not the statewide FL-303. It records exactly how you gave notice, what you communicated, when, and to whom. It is a required part of your submission package.
Once you have given notice, complete the PR-E-LP-036 (Ex Parte Application and Declaration). This is the primary Sacramento local form — it serves as both your application and your notice declaration. If you served more than one person, attach PR-E-LP-043.
Bring your complete package to the Ex Parte Window at the Contra Costa Family Court on a court day (Monday–Friday, excluding court holidays). Submissions must be made in person — do not assume e-filing is available.
Why 10:00 a.m. matters: Submitting is not required by 10:00 a.m., but the time you gave notice determines the hold period. If you gave notice before 10:00 a.m. that morning, the shortest hold applies (24 hours). If you gave notice after 10:00 a.m., the clock doesn't start until 10:00 a.m. the next court day — adding a full day. Earlier notice means earlier review.
Your package must include all of the following, with 3 copies of each:
Pay your fees at the window — $60 ex parte fee plus $60 or $85 Request for Order fee — or submit your FW-001 fee waiver.
In Sacramento, drop off your complete package at the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road, Room 214, Sacramento, CA 95826. Submit by 8:30 a.m. on the court day before the hearing. Bring 3 copies of everything.
Your package must include all of the following, with 3 copies of each:
Pay your filing fee of $85 ($60 Request for Order + $25 for custody/visitation modification) — or submit your FW-001 fee waiver.
After submitting your application, arrange for the other party to be formally served with everything you gave the clerk — your complete application package. This is formal service, not notice. You cannot serve your own documents.
Who can serve:
Once your server has completed service, they must fill out a Proof of Service (FL-330) documenting exactly how, when, and to whom service was made. You must file the completed FL-330 with the court before your hearing.
During the hold period, the other party has the opportunity to submit a written response to the court objecting to your requested orders. The judge reviews both your application and any timely response before deciding.
The judge may grant the orders as requested, grant partial orders, or deny the request entirely. The court will call you when your paperwork is ready to be picked up — go to the courthouse to find out the outcome. Court staff will not tell you the result over the phone.
If temporary orders are granted, this is not the final decision. The judge is granting emergency relief only while the case moves forward. A formal follow-up hearing will be scheduled — the date depends on court availability, the calendar, and any holidays — where both parties appear and the judge decides whether to continue, modify, or end the temporary orders.
Once you pick up your paperwork and orders have been granted, you must serve the other party with the signed orders and the follow-up hearing date promptly. You cannot serve your own documents — use a process server or a trusted adult 18 or older who is not a party to the case.
A denial does not mean your concern isn't valid. It may mean the judge felt the situation didn't meet the emergency threshold, or that the declaration lacked specific enough facts to support immediate action.
If domestic violence or abuse is part of your situation, your safety comes first. Visit our DVRO & Safety Resources page → The National DV Hotline is available 24/7 at 1-800-799-7233.