Order to Show Cause and any additional documents listed in the Order to Show
Cause. Exhibits and or evidence.
Purpose of Process
Notifies respondent of a hearing concerning various issues and restrains the
respondent from certain activities and conduct
Provide the name and address of the person to be served; list all documents to be
served. Must be signed and dated by the petitioner’s attorney, or the petitioner if
the petitioner doesn’t have an attorney
Manner of Service
Personal Service Only
Time for Service
The OSC/TO must be served within five days after issuance or two days before the hearing, whichever is
$50.00 to start. Petition for Dissolution of Marriage $50.00
$50.00 or more to start 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/TO
and a certificate of not found/no service explaining the reason for non-service are
mailed to the petitioner.
In a restraining order action, annulment, or separation, the court can issue a number of orders to protect people
and property. A restraining order is the processes used by the Superior Court to obtain jurisdiction of the case. If immediate relief is sought (move out orders, distance orders, no contact orders, the petitioner may petition the court for an order to show cause and temporary order. The order to show cause (OSC) is a notice of motion advising the respondent to appear at a hearing to determine whether a long term injunction or permanent restraining order for some years prohibiting certain activities should be issued. The temporary order (TO) restrains the respondent from certain activities and types of conduct for a limited period of time. The OSC and TO should be given to the Process Server without delay because service must be made within five days after issuance or at least two days before the hearing, whichever is earliest.
The Process Server will make unlimited attempts to serve the process, including a one-night time attempt after 6:00 p.m. (unless the respondent cannot be found at the address in the evening.) After the respondent is served, the Process Server will mail a notice of service to the petitioner and file a proof of service with the court. If service has not been made, the OSC/TO will be returned to the petitioner together with a certificate of not found/no service detailing the reasons for non-service. 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, our emergency Family Law Child Support and Child Custody Papers will be delivered by a registered process server who can devote more time to effect service.
Fee deposit of $50.00 or more
One copy of the restraining order, blank response any other required