Torrance, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: How can I serve notice for an ex parte while under a no-contact order in my wife's TRO case?

I have a no-contact order in my wife's TRO case against me, and I'm planning to file an ex parte to transfer the case to another court where my ongoing divorce case is being heard. I will need to fill out FL-303, but I'm unsure how to give my notice to her. Can I mark "Unable to give notice" or would it be possible to hire a professional server to serve the notice via email or text message? Any guidance would be appreciated.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have a no-contact order in your wife's TRO case, you may be prohibited from contacting her directly or indirectly, including through email or text message. It's important to follow the terms of the no-contact order carefully to avoid potential legal consequences.

If you are unable to give notice of the ex parte hearing to your wife due to the no-contact order, you may be able to mark "Unable to give notice" on the FL-303 form. However, it's important to note that this may affect the court's decision regarding the ex parte request, as notice is typically required to ensure that all parties have an opportunity to be heard.

Alternatively, you may be able to hire a professional process server to serve the notice on your behalf. However, it's important to ensure that any service complies with the terms of the no-contact order and does not violate any other court orders or laws.

Before proceeding with the ex parte request, it's highly recommended that you consult with an attorney who can provide guidance on how to proceed in light of the no-contact order and other legal considerations. They can also advise you on any potential consequences of filing an ex parte request in your situation.

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