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2014 California Rules of Court

Rule 3.1152. Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, and elder or dependent adult abuse

(a) Application

This rule applies to requests for protective orders under Code of Civil Procedure sections 527.6, 527.8, and 527.85, and Welfare and Institutions Code section 15657.03.

(Subd (a) adopted effective January 1, 2012.)

(b) No memorandum required

Unless ordered by the court, no memorandum is required in support of or in opposition to a request for a protective order.

(Subd (b) amended effective January 1, 2012; previously amended effective July 1, 1995, January 1, 2002, and January 1, 2007.)

(c) Service of requests, notices, and orders

The request for a protective order, notice of hearing, and any temporary restraining order, must be personally served on the respondent at least five days before the hearing, unless the court for good cause orders a shorter time. Service must be made in the manner provided by law for personal service of summons in civil actions.

(Subd (c) amended effective January 1, 2012; previously amended effective January 1, 1993, and January 1, 2007.)

(d) Response

The response to a request for a protective order may be written or oral, or both. If a written response is served on the petitioner or, if the petitioner is represented, on the petitioner's attorney at least two days before the hearing, the petitioner is not entitled to a continuance on account of the response.

(Subd (d) amended effective January 1, 2012; previously amended effective January 1, 2007.)

(e) Continuance

A respondent may request continuance of the hearing upon a showing of good cause. If the court in its discretion grants the continuance, any temporary restraining order that has been granted remains in effect until the end of the continued hearing unless otherwise ordered by the court.

(Subd (e) adopted effective January 1, 2012.)

Rule 3.1152 amended effective January 1, 2012; adopted as rule 363 effective January 1, 1984; previously amended effective January 1, 1993, July 1, 1995, January 1, 2000, and January 1, 2002; previously amended and renumbered effective January 1, 2007.

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