The judge is the legal authority responsible for granting decisions in any legal proceeding. However, it is not a rare instance for a case before a judge to lack specificity. When this occurs, it can create difficulties in issuing a case decision. In most instances with an Order to Show Cause, the defendant fails to appear in court or does not present their case. Because of this, the petitioning party may request that the judge issue an Order to Show Cause. One will find anything they need to know about an Order to Show Cause in California below.
What is an Order to Show Cause?
An Order To Show Cause is a court order requiring the involved parties to explain, prove, or justify an event, action, behavior, or other factor affecting the case at hand. In California, this is also commonly referred to as a Request for Order (ROF). This type of court order is most common in cases where the petitioning party has requested the court grant them some form of relief. This court order is most often asked by the defending party so that they may appear before the judge and argue their reasoning for opposing the relief that the petitioning party has requested. In some instances, authorities use this kind of order when the court case’s circumstances require an immediate solution.
For example:
A judge may issue an Order to Show Cause when the petitioner requests a restraining order against the defendant. Though not exclusive, Orders to Show Cause are more common in family court proceedings.
When is the Order Necessary?
The court can use an Order to Show Cause in various legal proceedings in California. Orders to Show Cause are not exclusive to any area of legal practice. Specifically, judges can use a Request for Order in any legal proceeding involving a party that has failed to not only appear before the court but has also failed to comply with previous court orders. Though an Order to Show Cause requests an involved party appear before the court and provide justification by “showing cause,” it is not a subpoena. Therefore, it is still possible that the party the judge orders to appear in court through the Order to Show Cause will fail to appear at the scheduled hearing. However, if the summoned party fails to appear at the hearing, the judge presiding over the case can issue a warrant for the individual’s arrest.
Orders to Show Cause often appear in cases involving the following matters:
- Child Custody Matters
- Child Support Payments
- Matters of Child Visitation
- Spousal/Partner Support or arranging alimony
- Issues regarding the cost of hiring an attorney
- Issues regarding the purchase or sale of shared property
While these are the most common areas of the law involving Orders to Show Cause, it is essential to remember that this is not an exhaustive list. Judges may use this order in any court case to allow an involved party to argue why the court should not take the legal action in question.
What is the Difference Between an Order to Show Cause and a Motion to Show Cause?
Before filing an Order to Show Cause with the county clerk, it is vital to understand the procedural differences between an Order to Show Cause and a Motion to Show Cause. The main difference between an Order and a Motion to Show Cause is the timeline during which they occur. When requesting that the clerk of the court issue a Request for Order, at least one of the parties involved in the case is present. Whereas when a Motion to Show Cause is issued, neither involved party must be present in the courtroom when the motion occurs.
Motions to Show Cause are “ex parte” orders, meaning that neither party is present at its issuance. When the court orders a Motion to Show Cause, the court will notify both parties of the motion and any scheduled hearing dates by the court. When the judge issues an Order to Show Cause, the responsibility of informing the other involved party of its issuance may fall upon the petitioning party. However, in most cases, the court will send a letter notifying the requested party if the order occurs.
How to File an Order to Show Cause
Though the court uses Orders to Show Cause at every level within the United States, the actual process of filing for one with the court can look different in every state. In California, the first step to requesting an Order to Show Cause requires the petitioning party to complete an FL-300 form. The FL-300 Form individuals to ask for a change to an existing order or for a new one entirely. Unlike many other states in the United States, plaintiffs can only use the FL-300 Form for specific causes. While other states allow the same FL-300 form, or a similar one, to be used to request orders of contempt or restraining orders, California does not allow this. California requires additional documents to file an order for cases relating to these matters. For more information on court proceedings following a request for an order, click here.
Checklist: Requesting an Order to Show Cause
- Complete the required FL-300 Form
- If required, ensure that any additional forms are complete
- Have all completed documents reviewed by the attorney overseeing the case to ensure accuracy and proper completion
- Make copies of all completed forms for purposes of record-keeping.
- Schedule the court date
- Ensure all involved parties have been served and notified of the scheduled court date
- Attend the court date
- Await the decision of the judge
Remember that California has specific laws and procedural regulations surrounding Orders to Show Cause. Because of this, the checklist may not provide the exact steps that need to occur for every case. If any questions arise while requesting an order, it is in one’s best interest to consult a defense attorney. It is always best to consult a licensed attorney or another licensed court official to understand one’s rights and the best path forward.
Contact Pride Legal
If you or a loved one require assistance with an Order to Show Cause, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.