Declaration Regarding Notice And Delivery Of Domestic Violence Temporary Orders {FL040}

Attorney or Party without Attorney Name, Address, Telephone No., State Bar Membership No. Court Use Only Attorney For (Name): Superior Court of California, County of Sonoma Civil & Family Law Courthouse, Family Law Division 3055 Cleveland Avenue Santa Rosa, CA 95403 Petitioner/Plaintiff: Respondent/Defendant: Claimant/Other Parent: Case Number: DECLARATION REGARDING NOTICE AND DELIVERY OF DOMESTIC VIOLENCE TEMPORARY ORDERS (FOR FAMILY LAW TEMPORARY ORDERS, USE LOCAL FORM FL-016) In most cases, notice and delivery of applications for temporary domestic violence restraining orders, including copies of all documents, must be given to the opposing party. Notice and delivery must be given in accordance with the schedule on the reverse side of this form. The Judicial Officer will be asked to review the request for temporary orders on _____________(date), at the above address. I, (Name of Person Giving Notice):_______________________________________________declare that: 1. NOTICE AND DELIVERY WAS DONE BY PERSONAL DELIVERY ON: Date_____________________________________________ Time_________________________________ To (name) __________________________________________________________________________________ At this address ______________________________________________________________________________ OR 2. NOTICE AND DELIVERY WAS DONE BY THE FOLLOWING METHOD: Date_____________________________________________ Time_________________________________ To (name) __________________________________________________________________________________ At this address ______________________________________________________________________________ By First Class Mail Overnight or Next Day Mail OR 3. NOTICE WAS NOT GIVEN I have NOT given notice of my request for temporary orders. I have a legally sufficient basis for not giving notice. The facts that justify not giving notice are as follows. Please attach additional page(s) if necessary: ___________________________________________________________________________________________ ___________________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ______________________ Signed: _________________________________________________ Local Form FL-040 (Mandatory Use Form) (Rev. 4/09, 1/10, 7/10, 1/12, 7/12, 7/13, 1/14, 1/15) Declaration Regarding Notice and Delivery of Domestic Violence Temporary Orders Page 1 of 2 Local Rule 9.12 American LegalNet, Inc. www.FormsWorkFlow.com FREQUENTLY ASKED QUESTIONS REGARDING NOTICE AND DELIVERY REQUEST FOR TEMPORARY ORDERS 1. Do I have to tell the other person that I am requesting temporary orders? The judicial officers will require that a person who is requesting temporary orders notify the other person that temporary orders are being requested and that a copy of your request is provided to the other person before the Judge reviews it. The judicial officers want to make sure they have all the facts regarding a case before they make a decision on temporary orders. 2. Are there situations in which I don't have to tell the other person that I am requesting temporary orders? If immediate harm could be suffered if notice were given or if giving notice is impossible, you may not have to give notice. If you think you should not be required to give notice, complete No. 3 on the reverse of this form. Be sure and state your reasons for not telling the other person that you are requesting temporary orders. It is possible that the judicial officer reviewing your application may find your reasons for not giving notice insufficient. This can result in your application being rejected until you actually give notice. You should take this into consideration when determining whether or not you are going to submit your application without giving notice. 3. Can I deliver a copy of the documents to the other person myself? Yes you can. If you are afraid, you may have someone else over 18 deliver them for you. If someone else delivers the documents, have that person complete the front of this form. 4. What if the other person is in the Sonoma County jail? How can I deliver documents? If the other person is in the Sonoma County jail, copies can be provided to the other person by delivering them to jail personnel at the front desk of the jail. Also "Friends Outside" whose offices are in the main lobby of the jail, will arrange to have the paperwork delivered to the other person. Friends Outside does charge a small fee for this service. 5. What are the ways I can give notice? Notice may be given in person, by telephone, fax, voicemail message or in writing (excluding text, e-mail or other electronic media). TIME FRAME FOR GIVING NOTICE AND DELIVERY OF DOMESTIC VIOLENCE TEMPORARY RESTRAINING ORDERS Read the column and select the appropriate column (A, B or C). Add an extra day for each court holiday that falls in the time period below. For fax delivery, the opposing party must agree to accept delivery of the documents by facsimile. If delivery is accomplished by this method, use column, A. A If you gave notice and delivered by personal service on: Monday by 10:00 a.m., Judge will consider Tuesday after 8:30 a.m. Tuesday by 10:00 a.m., Judge will consider Wednesday after 8:30 a.m. Wednesday by10:00 a.m., Judge will consider Thursday after 8:30 a.m. Thursday by 10:00 a.m., Judge will consider Friday after 8:30 a.m. Friday by 10:00 a.m., Judge will consider Monday after 8:30 a.m. Saturday or Sunday by 10:00 a.m., Judge will consider Tuesday after 8:30 a.m. B If you gave notice and delivered by overnight or next day mail on: Monday by 10:00 a.m., Judge will consider Thursday after 8:30 a.m. Tuesday by 10:00 a.m., Judge will consider Friday after 8:30 a.m. Wednesday by 10:00 a.m., Judge will consider Monday after 8:30 a.m. Thursday by 10:00 a.m.,, Judge will consider Tuesday after 8:30 a.m. Friday by 10:00 a.m., Judge will consider Wednesday after 8:30 a.m. Saturday or Sunday by 10:00 a.m., Judge will consider Thursday after 8:30 a.m. C If you gave notice and delivered by first class mail on: Monday by 10:00 a.m., Judge will consider on next Monday after 8:30 a.m. Tuesday by 10:00 a.m., Judge will consider on next Tuesday after 8:30 a.m. Wednesday by 10:00 a.m., Judge will consider on next Wednesday after 8:30 a.m. Thursday by 10:00 a.m., Judge will consider on next Thursday after 8:30 a.m. Friday by 10:00 a.m., Ju