Order After Hearing After Request For Order: California Divorce
When you ask the court for temporary relief in a California family law case—child custody, spousal support, or other urgent issues—you file a Request for Order using form FL-300 and appear at a hearing. What happens after that hearing can determine whether the judge’s decision takes effect immediately or requires an extra administrative step. Understanding the difference and the steps to follow will save time and avoid confusion.
What a Request for Order is
A Request for Order (FL-300) is the paperwork used to ask the family court for temporary orders on issues such as custody, visitation, support, or attorney fees. The hearing lets the judge hear testimony and argument before deciding who gets what and for how long while the case is pending.
What happens at the hearing
At the hearing the judge will make rulings on the matters before the court. Those rulings become the court’s direction, but they are recorded in one of two ways:
- Written order prepared at the hearing — the judge or the judge’s clerk drafts and signs the order on the spot; or
- Minute order — the court issues a minute order (the clerk’s notes or a partial transcript of what the judge said) rather than a signed final order.
Minute order vs signed order: why it matters
A minute order records what happened in court, but it is not the same as a formal, signed order that will be entered into the case file and enforced as the court’s written ruling. If the judge does not prepare and sign an order at the hearing, the minute order becomes the basis for creating an “order after hearing.”
What an Order After Hearing is
An Order After Hearing is a drafted document that reflects the judge’s oral rulings as recorded in the minute order. The typical process is:
- Obtain a copy of the minute order from the court. Courts generally produce minute orders within a few days of the hearing.
- Draft an Order After Hearing that accurately states the judge’s directives as shown in the minute order.
- Circulate the draft to the other party for signature (when required or agreed).
- File the signed Order After Hearing with the court so it becomes the official, enforceable order.
Step-by-step checklist
- At the hearing: Take careful notes about the judge’s rulings. Ask court staff if the judge will sign the order on the spot or issue a minute order.
- After the hearing: Request a copy of the minute order from the court clerk if one was issued.
- Draft the Order After Hearing: Use the minute order language to prepare a clear document that mirrors the judge’s oral rulings.
- Exchange and sign: Send the draft to the opposing party for signature, if appropriate.
- File and serve: File the signed Order After Hearing with the court clerk so it is entered as the official order.
Common pitfalls and practical tips
- Do not rely solely on the minute order. The minute order documents what happened, but the Order After Hearing is the document that gets entered and enforced.
- Get the minute order promptly. Courts usually issue them within a few days, and having that document speeds up preparing the final order.
- Be precise when drafting. The Order After Hearing should accurately reflect the judge’s words. Avoid adding new terms or differing language that could change the meaning.
- If parties do not agree on language: If the other side refuses to sign the drafted order, you may need to submit the proposed order to the court for the judge’s signature or follow the court’s procedures for resolving disputes over form of order.
- Consider legal help. Preparing an accurate Order After Hearing can be technical. An experienced family law attorney or staff familiar with local court procedures can save time and prevent mistakes.
Final thoughts
After a Request for Order hearing, it is important to confirm whether an order was signed at the hearing or whether a minute order was issued. When a minute order is the record, you will need to draft an Order After Hearing that mirrors that minute order, obtain the necessary signatures, and file it so the judge’s decision becomes the enforceable order of the court. Paying attention to this administrative follow-through ensures the court’s rulings take effect without delay.
Remember: a minute order records what the judge said; the Order After Hearing is the formal document entered into the case file.
