Request for Order Hearing: What to Expect
When parties cannot come to agreements during a divorce or custody proceeding, one will usually file a request for order. A request for order asks the court to make or change a decision about an issue in your case. Usually, requests for order relate to child custody and visitation, child support, spousal or partner support, property control, and attorneys fees and costs. In Monterey, when you file a request for order, the court sets a hearing date. This article gives you an idea of what to expect at a request for order hearing, so that you can be best prepared.
Arriving at Court for Your (RFO) Request For Order Hearing
Please arrive at the court about 15 minutes prior to your scheduled hearing time. In Monterey, the main court is located at 1200 Aguajito Road. If your request for order is solely about child support, your hearing may be at the Marina court, which is at 3180 Del Monte Boulevard.
Remember, looks matter (even if we think they shouldn’t). Don’t let your appearance be a distraction. Dress conservatively, with shoulders covered, in neat, clean clothes. Dress as if you are going to meet someone’s grandmother for the first time. Hair should be clean, combed, and pulled back from the face if it’s long enough. Makeup should be subtle.
When you go inside, you will walk through a metal detector. From there, the family law courtrooms, called Department 16 and Department 17, are to the right of the metal detector, on the first floor. In Marina, the family law courtroom is Department 21, and is the last door in the hallway to the right of the metal detector.
You may not bring the following items into the courthouse:
- Knives
- Weapons
- Scissors
- Other sharp items, including knitting needles longer than three inches
- Firearms — EVEN if you have a conceal and carry permit
- Illegal drugs
- Photography equipment
- Video recording equipment
- Audio recording equipment
- Children who have any involvement in the case (even if they are over 18)
Your attorney will meet you in the courtroom. The courtroom itself will not open until the scheduled hearing time (sometimes they even open a few minutes late).
In the Courtroom
Once inside the courtroom, clients generally sit in the gallery (the rows of seats). Monterey courts prefer that attorneys sit in the jury box. So, after your attorney checks in with the bailiff, they will go sit in the jury box with other attorneys who are there on other cases. Soon after that, the judge will come out. Everyone stands when the judge comes out, and sits with the judge sits down.
There are a number of court personnel in the courtroom. The judge, who will be seated in the middle and wearing a black robe, makes ultimate decisions about your case. The bailiff, a Monterey County Sheriff, is present to maintain order in the courtroom, and keep everyone safe. The court clerk assists the judge in calling cases, and scheduling future hearings.
In some cases, there is also an interpreter present, to translate English to Spanish. If you need an interpreter, let the court clerk or bailiff know right away. Finally, some courts also have a court reporter. The court reporter transcribes the proceedings, writing down who is in court, and every word that is said. The transcripts can be ordered from the court reporter if there is ever an issue about what happened at a hearing.
Court Proceedings
In general, the judge will call “easy” cases first. Usually, the easy cases involve parties who have come to an agreement before the hearing, or parties who want to continue out their hearing to a new date.
If your request for order hearing is in Marina and involves child support, the judge makes a presentation about child support and how courts in California calculate child support. This presentation can last about twenty minutes.
If your request for order hearing involves child custody and visitation, sometimes the judge will require that you go out and talk to a mediator or court liaison in the hallway (even if you already talked to a mediator). If you reach an agreement, the mediator will read the agreement on the record. In addition, as cases get called, it’s usual for attorneys to step outside to the hallway to try to reach agreements.
Speaking to the Judge
At some point, the judge will call your case. At that point, you and your attorney will go to the front of the courtroom. If you are the Petitioner in the case, you will sit in the very right seat, and your attorney will sit next to you. The Respondent sits on the very left seat. If a party requires a translator, the translator will usually sit next to that party. If this is a child support case, an attorney from the Department of Child Support Services will sit in the middle.
The judge will have already reviewed the documents submitted by you and the other side. The judge will likely ask the attorneys some questions. In general, the judge will direct the questions to the attorneys, and not to the parties. If there is something specific you want the judge to know, you can talk to your attorney, and your attorney will inform the judge of anything you want them to know.
Sometimes, the judge will want the party to answer something directly. In that case, the judge will have the court clerk swear you in, meaning that you promise under the penalty of perjury to tell the truth. Make sure that you speak up! Speak close enough to the microphone so that the judge can hear you. Referring to the judge as “your honor,” “sir,” or “ma’am” is a recommended sign of respect.
If the judge needs more information from a legal perspective, they will ask the attorneys to argue their positions. Ultimately, the judge determines the outcome of the requests.
Please note, if you have a (RFO) request for order hearing that involves child support and another issue, the hearing may be set for the Monterey court. But, at that hearing, the court may set out another date in the future for the child support issue to be heard in the Marina courthouse.
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