New Year, New Rules!

Happy New Year, Warriors!

Whether you’re representing yourself or are represented by your warrior, it’s important that you always review the updates rules of court. If you aren’t aware of this, there are two sets of rules of court. One is the California Rules of Court (CRC) and the other is the Local Rules of Court. This article focuses on the changes to the CRC as of January 2025. 

The website to an update for the CRC is the following: https://courts.ca.gov/rules-forms/rules-court/new-amended-rules

For Family Law, the Rules usually begin with Rule 5.1 to 5.496. This year, we have slight change to the Rules for “Request For Order,” specifically to Domestic Violence Restraining Orders (DVRO). Previously, if a litigant wanted to change or terminate a DVRO, then he or she would use the judicial council form, FL-300, Request for Order. Please note that it is not to change any orders made within a Temporary Restraining Order (TRO). It is specific to changes to orders enforceable on the judicial council form, DV-130, Restraining Order After Hearing.  

This January, the CRC is updated with two (2) amended Rules: 

1. Rule 5.92 (b) Applying for Requests to the Court Stemming from a Domestic Violence Restraining Order

Litigants are now instructed to use a new judicial council form to make changes or end a DVRO. That form is “DV-300, Request to Change or End a Domestic Violence Restraining Order.” The link to access this form is the following: https://courts.ca.gov/sites/default/files/courts/default/2024-12/dv300.pdf 

The litigant must also ensure simultaneously filing the “DV-310, Notice of Court Hearing and Temporary Order to Change or End Restraining Order.” The link to access this form is the following: https://courts.ca.gov/sites/default/files/courts/default/2024-12/dv310.pdf 

For a litigant to respond to the request, then he or she must use the new judicial council form, “DV-320, Response to End or Change Restraining Order.” The link to access this form is the following: https://courts.ca.gov/sites/default/files/courts/default/2024-12/dv320.pdf 

For a litigant to change any orders relating to their children under the DVRO, then he or she must use the judicial council form, “DV-305, Request to Change Child Custody and Visitation Orders.” The link to access this form is the following: https://courts.ca.gov/sites/default/files/courts/default/2024-12/dv305.pdf 

2. Rule 5.92 (b) Documents Required in Support of Request 

The only difference here is that the Judiciary is making it abundantly clear that if a litigant is requesting any orders relating to money, then it is important to include the judicial council form, “FL-150, Income and Expense Declaration.” A properly completed form would include written documents that demonstrates a litigants income. This means paycheck stubs, tax returns, bank statements, letters from Social Security Administration, and the like. The Court will certainly deny your request without a complete FL-150.  

As of September 2024, the judiciary updated the form, “FL-150, Income and Expense Declaration.” The link to access this form is the following: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl150.pdf 

We’ve been in Court where we’ve seen the Judges dismiss and or deny a litigants request simply because he or she did not follow the CRC. It would be a shame to file a request, pay the court filing fee and wait two or three months to speak to a Judge, to then learn that the Court denies a litigant’s request because he or she are missing documents or did not use the proper judicial council form. As yourself this, is it worth the investment to consult with a competent attorney to review your paperwork before filing it with the Superior Court of California? This year, add to your new year resolution to consult with a competent attorney.