General filing information including divorce and restraining orders
Court dates and times
Types of Service
Responses and Answers
Orders to Show Cause and Motions
Probate Information
Adoption Information
Appeal Information
Superior Court Self-Help Centers
How to get legal help
Family Mediation
Alternative Methods of Resolving Disputes in Family Law Cases
General Filing Information/Family Law
Dissolution, better known as divorce, divides the assets and debts of a couple, determines custody and visitation rights of their children, sets child and spousal support, and returns the couple to the status of unmarried.
Legal separation divides the assets and debts of a couple, determines custody and visitation rights of their children, sets child and spousal support, but leaves the couple legally married.
Nullity restores a couple to the status of never having been married.
A parentage action establishes who are the parents of a child and determines child custody and visitation.
The following information applies to dissolution, Legal Separation, Nullity, Civil Harassment and Domestic Violence. The fee for filing a petition is listed on our fee schedule, except for Domestic Violence for which there is no fee. If you feel you cannot afford to pay the filing fee, you may ask the clerk for an application for waiver of court fees. There is no cost for this form.
The fee for filing a Petition for Summary Dissolution is listed on our fee schedule.
There are two types of restraining orders in family law. A domestic violence proceeding seeks to obtain an order to protect a person from physical violence from a family member (excluding nieces and nephews) or a person they may have lived with or had a dating relationship. A civil harassment restraining order seeks to protect a person from the actions of another whose intent is to annoy, alarm or verbally abuse the person seeking such an order.
When filing your documents with the clerk of the court, you will need to present an original and two copies of each form. The original will remain with the court and the copies will be made to look like the originals and returned to you. One copy is for your file and the other is to be served on the other party.
A Declaration Re: Court Assignment is required will all new petitions. The Declaration re: Court Assignment will determine whether your case will be assigned to the Ventura or East County Division of the court. Filings for either Ventura or East County can be presented at either division.
Ex-parte applications must be filed before the hearing.
To file a document by fax, you must be registered with Official Payments Corp. To register, please call 1-800-322-4945 or visit their Web site at www.officialpayments.com. If you are already registered, you may fax your document by calling 1-800-530-3202 for Ventura and 1-800-530-3195 for Simi Valley. To file a document electronically, you must register at www.e-filing.com. You will receive a confirmation when the fax or filing reaches the court. Any documents received after 5:00 p.m. will be filed as of the next court day.
Request for continuances may require a Declaration and Order or Stipulation and Order. The clerk cannot grant a continuance.
Forms are available free of charge at the Forms Kiosk located in the Ventura Hall of Justice in room 210, or at the Forms Kiosk in the East County Courthouse north lobby. Forms may also be filled out and printed from this web site. Forms for Family Law may be handwritten in a legible form. The Court reserves the right to reject documents determined to be illegible. Typewriters are available for use by the public in the Law Library and at the East County Courthouse, for a nominal fee. There are no typewriters available in the Ventura clerk's office.
Orders to show cause and motions are set Monday, Tuesday and Wednesday at 8:30 a.m. in Courtroom 32 and Courtroom 33. Courtroom assignments are based on the last numbers of the computer assigned case number. Hearings involving the Department of Child Support Services are set Tuesday and Thursday at 8:30 a.m. in Courtroom 34.
Domestic violence and harassment order to show cause hearings are set Monday at 9:30 a.m., and Wednesday and Friday at 8:30 a.m. in Courtroom 34. If there is a 1:15 p.m. mediation set on a case, the hearing will be set at 1:30 p.m.
The Summons and Petition may be served by the Sheriff, Marshal, registered process server or anyone over the age of 18 who is not a party to the action. The original proof of service must be filed with the court to obtain a judgment against the respondent.
Notices may be served by personal service or by first-class mail. A proof of service or declaration of mailing must be attached to the notice when it is filed with the court.
If you have been served with a Summons and Petition and want to respond, forms are available in the clerk's office. Be sure to let the clerk know which type of Summons and Petition you have been served. Failure to file a response may lead to a judgment being entered against you. The filing fee to file a response is $320.00.
Orders to Show Cause and Motions
Motions together with proof of service must be filed at least 30 days before the hearing and must contain the correct date, time and courtroom for the hearing.
An Order to Show Cause must be filed and served at least 30 days before the hearing and must contain the correct date, time and courtroom for the hearing.
The fee for filing a motion is $40.00 if the first appearance fee has already been paid.
Request for continuances may require a Declaration and Order or Stipulation and Order. The clerk cannot grant a continuance.
Ex-parte motions are heard either by appointment, or as a "walk thru." For information on an Ex-parte application you can obtain instructions on "How to Get Emergency or Ex-Parte Orders" from the clerk.
Probate establishes a will and/or settles the estate of a decedent.
Conservatorship makes a person responsible for managing the estate and/or the care of an incompetent adult.
Guardianship makes a person responsible for the care of and/or the estate of a minor.
The clerk's office accepts wills for safe keeping only when the will is for a deceased party.
The following applies to wills, trusts, conservatorships and guardianships:
The filing fee for a petition for probate is $320.00.
Forms are available free of charge at the Forms Kiosk located in the Ventura Hall of Justice in room 210, or at the Forms Kiosk in the East County Courthouse north lobby. Forms may also be filled out and printed from this web site. Typewriters are available for use by the public in the Law Library and at the East County Courthouse.
All probate matters are heard in the Ventura Courthouse in Courtroom 44. Hearings for Conservatorships are set Tuesdays at 9:00 a.m. Hearings on Wills and Trusts are set Wednesdays and Thursdays at 9:00 a.m. Hearings for Guardianship of the minor only are set Tuesday through Friday at 9:00 a.m. and hearings for Guardianship of the minor and/or estate are set Wednesdays and Thursdays at 9:00 a.m.
The proposed conservator must view a video and purchase a book called A Handbook for Conservators from the clerk before letters of conservatorship will be issued. You must make an appointment to view the video. You may view the video in Ventura or East County.
An adoption is an action to take a child (or adult) of another into one's family and give him or her the rights, privileges and duties of a child and heir.
The fee for filing a petition for adoption is $20.00 per party being adopted. Forms are available in the clerk's office, the court's self-help center, or on this website. An original plus two copies of the petition should be submitted to the clerk for filing along with the appropriate fee. The clerk will notify the appropriate agency so that a report may be prepared.
The report must be submitted to the court by the agency doing the investigation before a court hearing can be scheduled. The court will not grant the adoption of a minor without a report. A report is not required for adult adoptions. Adoption hearings are set Fridays at 1:30 p.m. at the Juvenile Courthouse located at 4353 Vineyard Avenue, Oxnard, CA 93036.
Family Law and Probate Appeals
In an appeal, a higher court reviews the order or judgment of a lower court. Any party may appeal from an unfavorable decision based upon whether there was enough evidence to support the judgment or whether errors of law were committed during or before trial which harmed the appealing party .
The fee for filing an appeal on a Superior Court decision is $655.00. The clerks do not have forms for filing an appeal.
On a decision of the Superior Court, the notice of appeal must be filed within 60 days after the mailing or personal service of the entry of judgment. If a Notice has not been mailed or personally served, the appeal period is 180 days from the entry of judgment by the court. Permission to file late is rarely given. Filing of a notice of appeal does not stop enforcement of the judgement. You must still comply with all court orders.
Superior Court Self-Help Centers
The Superior Court has Self-Help Centers, established to help people representing themselves choose and complete the correct legal forms. You may also ask the clerk for information regarding classes and workshops conducted weekly to help you begin your divorce case, ask the court for child custody or support, or obtain a final judgement.
Brochures are available in the clerks office which provide information on free or low cost legal assistance.
A direct phone line to the Ventura County Bar Association is available in the Ventura Clerk's office where individuals may request referrals for low cost legal assistance.
You may also find legal guides and references in the Ventura County Law Library which is located in the Hall of Justice at 800 South Victoria Avenue in Ventura. The law library is open Monday through Thursday, 8:00 am to 8:00 p.m., Friday from 8:00 a.m. to 6:00 p.m., and Saturdays from 9am to 4pm.
Book stores also sell legal books and references.
Family Court Services meets with parties, their attorneys and children of the parties when custody and visitation of minor children are contested. Mediation appointments are set when there has been an Order to Show Cause or Notice of Motion filed with the court which requests the court to make a decision on either of these issues. The court will not make any orders until there has been a mediation.
At the time of mediation, a mediator meets the parties, their attorneys and children to assist them in resolving their differences. The mediator does not make any orders. Only a judge can make orders on the issue of visitation and custody.
There is no fee for mediation. All children in the household who are six years of age and older must attend the mediation.
For first time mediation, there is a requirement to attend an Orientation. There is no fee for this orientation. Orientation explains the purpose of mediation and is held on Mondays and Fridays from 3:00 p.m. to 5:00 p.m. The parties involved in custody and visitation disputes must attend separate orientations. Children are not allowed to attend. Parties are excused from attending only when they reside 250 miles away from the courthouse.
