CRC Rule 5.50 - "Papers Issued by Court Clerks"


Title 5. Family and Juvenile Rules

Division 1. Family Rules

Chapter 4. Starting and Responding to a Family Law Case; Service of Papers

Article 1. Summonses, Notices, and Declarations

CRC Rule 5.50. Papers issued by the court

(a) Issuing the summons; form

If a summons is required to commence a family law case, the clerk of the court must issue the summons using the same procedure for issuing a summons in civil actions, generally.

(1) The clerk of the court must:

(A) Issue a Summons (Family Law) (form FL-110) for divorces, legal separations, or annulment cases involving married persons or domestic partnerships;

(B) Issue a Summons (Uniform Parentage-Petition for Custody and Support) (form FL-210) for parentage or custody and support cases;

(C) Issue a Summons (UIFSA) (form FL-510) when a party seeks to establish or enforce child support orders from other states; and

(D) Process a Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-600) as specified in rule 5.325.

(2) The clerk of the court must not give the original summons to the petitioner, but must maintain it in the court file, except for support cases initiated by a local child support agency.

(b) Automatic temporary family law restraining order in summons; handling by clerk

Under Family Code section 233, in proceedings for dissolution, legal separation, or nullity of a marriage or domestic partnership and in parentage proceedings, the clerk of the court must issue a summons that includes automatic temporary (standard) restraining orders on the reverse side of the summons.

(1) The summons and standard restraining orders must be issued and filed in the same manner as a summons in a civil action and must be served and enforced in the manner prescribed for any other restraining order.

(2) If service is by publication, the publication need not include the standard restraining orders.

(c) Individual restraining order

(1) On application of a party and as provided in the Family Code, a court may issue any individual restraining order that appears to be reasonable or necessary, including those automatic temporary restraining orders in (b) included on the back of the family law summons under Family Code section 233.

(2) Individual restraining orders supersede the standard family law restraining orders on the back of the Family Law and Uniform Parentage Act summonses.

Testimonials & Endorsements

  • “When I first called this law office and set up my initial consultation with Michael Peterson for my pending divorce, I was impressed with how professional and straight-to-the-point he was. He asked ...”

    - Seth C.
  • “Michael Peterson has been helping me successfully get through a particularly high conflict divorce and custody battle for the past 5 years. I highly recommend his services especially through ...”

    - Nicole G.
  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Martindale Gold 2021
  • Martindale 2021
  • California Certified (CBLS)
  • Client Distinction - Thurman
  • Coachella Valley's Top lawyers
  • AAML
  • Super Lawyers - Michael
  • AV Preeminent - 2015
  • Avvo Rating - Superb Top Divorce Attorney
  • Super Lawyers - Thurman
  • Yelp