A Request for Order (RFO) in California, previously known as an Order to Show Cause (OSC), is a court order request that may arise as part of a family law case. It is submitted by someone involved in a legal matter who wishes for a judge to make a temporary or permanent order before a final judgment is issued.
If you are dealing with this situation, contact our divorce attorney in San Diego for assistance with a RFO.
What Is an Order to Show Cause or Request for Order in California?
Family law cases are often fraught with emotional tension, complex legal matters and difficult decisions. These cases often deal with child custody disputes, domestic violence, temporary use of a family home, the need for restraining orders, the enforcement of court orders and other high-stress situations.
With such high stakes, someone involved in a California family law case may find themselves in need of a sudden Request for Order. When submitted to the courts, an RFO asks that a judge make an early decision on a case, without the individual having to wait for the full court trial and a lengthier resolution.
Originally, an RFO was referred to as an Order to Show Cause because it described the order issued by a judge that required the opposition to attend a hearing on a specified date and “show cause” as to why the request made by the other party should not be granted. Over time, however, it transitioned to a Request for Order, since it is the judge making the order and not the requesting party.
Common Uses for RFOs in San Diego
A Request for Order may be submitted by a parent, spouse or individual involved in a family law case in San Diego if there is a pressing need for a prompt judgment on a particular matter. Common reasons behind RFOs include:
- Child custody issues
- Visitation (parenting time)
- Child support issues
- Spousal or partner support issues
- Control of property
- An order of protection (restraining order)
- Request for a paternity test
- Request for a drug test
- Prenuptial agreement matters
- Attorney’s fees and costs
RFOs may become part of a divorce, legal separation, child custody, domestic violence or any other type of family law case in California.
How to File a Request for Order in California
If you wish to file a Request for Order in San Diego, you need to fill out and submit Form FL-300 to the county’s family courthouse. Once you file your request, you must arrange for someone to serve the papers on the other party involved (in person). This will ensure that the other party is aware of the hearing and can make arrangements to attend and counter your request, if desired.
What Happens Next?
After you submit your Request for Order, the court clerk will arrange a date for a hearing. At the hearing, you or your family law attorney in San Diego (if you choose to hire one) will state your case before the judge, along with any relevant supporting evidence.
If the other party wishes to object, he or she will have the chance to contest your claim and present their own evidence to the judge. If your spouse or the other party does not appear at the hearing even though you served them properly, the judge can move forward with the case and make a decision based on your evidence alone, without hearing the other party’s opposing arguments.
After your RFO hearing, the judge will sign a decree finalizing his or her decision. The orders may be temporary or permanent, depending on the case. Any decisions made on a Request for Order will be legally binding and go into effect immediately. If you wish to file an RFO in San Diego, contact Boyd Law for legal assistance.
