Rule 5.110. Summons; restraining order
(a) Issuing the summons; form
Except for support proceedings initiated by a local child support agency, the procedure for issuance of summons in the proceeding is that applicable to civil actions generally. The clerk must not return the original summons, but must maintain it in the file.
(Subd (a) amended effective January 1, 2003; previously amended effective January 1, 1999, and January 1, 2001.)
(b) Standard family law restraining order; handling by clerk
Notwithstanding Family Code section 233, a summons (form FL-110 or FL-210) with the standard family law 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. If service is by publication, the publication need not include the restraining orders.
(Subd (b) amended effective January 1, 2007; adopted as subd (c) effective July 1, 1990; previously amended effective January 1, 1994, and January 1, 1999; previously amended and relettered effective January 1, 2003.)
(c) Individual restraining order
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 restraining orders included in the standard family law restraining orders. Individual orders supersede the standard family law restraining orders on the Family Law and Uniform Parentage Act summons.
(Subd (c) amended and relettered effective January 1, 2003; adopted as subd (d) effective July 1, 1990; previously amended effective January 1, 1994, and January 1, 1999.)
Rule 5.110 amended effective January 1, 2007; adopted as rule 1216 effective January 1, 1970; previously amended effective July 1, 1990, January 1, 1994, January 1, 1999, and January 1, 2001; previously amended and renumbered effective January 1, 2003.
