Court Services Division's homepage Case Inquiry DVROS Confirmation civil process service/enforcement Fix-it ticket info Courthouse security/inmate info Frequently asked questions Vehicle inspection stations/court houses/civil process offices How are we doing? Helpful internet links Search
 
 
 
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
(UNIFORM PARENTAGE ACT)
  Previous Form - Next Form 

 
Court Document required Order to Show Cause (Family Law - Uniform Parentage; Temporary Orders (form 1285.05); completed Application for Order and Supporting Declaration (form 1285.20); blank Responsive Declaration (form 1285.40); any other forms listed on the Order to Show Cause
Purpose of Process Notifies the respondent of a hearing concerning various issues and restrains the respondent from certain activities and conduct
Sheriff's Instructions Provide the name and address of the person to be served; list all documents to be served. The petitioner’s attorney, or the petitioner (if the petitioner doesn’t have an attorney) must sign and date the Sheriff’s instructions.
Time for Service The OSC/TRO must be served within five days after issuance or two days before the hearing, whichever is earliest.
Manner of Service Personal Service
Fee Deposit $35
Fee $35 if served, not found or canceled
Proof of Service If service is made, a proof of service is sent to court and the petitioner, who should file it with the police agency listed in the order. If service is not made, the OSC/TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.

Information Guide
Checklist
Sheriff's Instructions
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Information Guide

In a case concerning the establishment of a parent and child relationship, the court may issue a number of orders to protect persons and property. A summons and petition is the process used by the Superior Court to obtain jurisdiction of the case. If immediate relief is sought, the petitioner may petition the court for an order to show cause and temporary restraining order. The order to show cause (OSC) advises the respondent to appear at a hearing to determine whether long term orders should be issued. The temporary restraining order (TRO) restrains the respondent from certain activities and types of conduct for a limited period of time. The OSC and TRO should be given to the Sheriff without delay because service must be made within five days after issuance or at least two days before the hearing, whichever is earliest.

Up to three attempts are made to serve the OSC/TRO including one night time attempt after 6:00 p.m. (unless the respondent cannot be found at the address in the evening.) If the OSC/TO is served, the Sheriff will mail a proof of service to the court and petitioner. If service is not made, the OSC/TO and a certificate of not found/no service detailing the reason for non-service will be mailed to the petitioner. A not found fee is charged if at least three attempts are made or the respondent doesn’t live or work at the address. If the respondent appears to be evading service, the petitioner may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

 

  Back to top

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Checklist
  • $35 fee deposit
  • Order to Show Cause (Family Law - Uniform Parentage; Temporary Orders (form 1285.05);completed Application for Order and Supporting Declaration (form 1285.20); blank Responsive Declaration (form 1285.40); any other forms listed on the Order to Show Cause
  • Sheriff’s Instructions

  Back to top