What to Do After Being Served Court Papers in California
Being served with court papers means someone has filed a legal action that involves you. The papers tell you what they filed, what they are asking the court to do, and when you need to respond. The worst thing you can do is nothing. California courts move forward with or without you.
Read the papers carefully
Look for the hearing date — that is the date you may need to appear in court. Look for the response deadline — that is when you must file your written response, usually 30 days from the date you were served. Look at what is being requested — custody, support, property division, a restraining order. Each type of case has a different response form.
Identify what was filed against you
If you received FL-100 and FL-110, your spouse filed for divorce. Respond with FL-120 within 30 days. If you received FL-300, someone filed a Request for Order — for custody, support, or another family law matter. Respond with FL-320 before the hearing date. If you received DV-100 and DV-110, a domestic violence restraining order has been filed against you and a temporary order may already be in effect. Respond with DV-120 before the hearing date.
What happens if you do nothing
If you do not file a response to a divorce petition within 30 days, the petitioner can ask the court to enter your default. The court then decides based only on what your spouse asked for — you lose your right to be heard. If you do not appear at a restraining order hearing, the judge may make the order permanent based solely on the other party's account.
Automatic restraining orders
If you were served with divorce papers, the FL-110 Summons contains automatic restraining orders that apply to both of you immediately. You cannot take children out of California, cancel or change insurance policies, or dispose of property without the other party's written consent or a court order. Violating these orders can be held against you.
Your next step
Identify your deadline. Find the right response form. File it before the deadline and serve a copy on the other party. SharpeSystem walks you through the response forms in plain English — one step at a time.
Filing fee
Response filing fees typically range from $435 to $450. Fee waivers are available — file FW-001 if you cannot afford the fee. Restraining order responses are free.
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