Fillable Form FL 320

What is Form FL-320?

Form FL-320, also known as the Responsive Declaration to Request for Order, is a legal document used in family law cases. This form allows the responding party to provide their response and arguments against the requested order made by the other party. It is designed to ensure fairness and transparency in family law proceedings by allowing both parties to present their side of the story.

How do I fill out Form FL-320?

Information of Party Without Attorney or Attorney

Enter the following information in the spaces provided.

• State Bar Number
• Full Legal Name
• Firm Name
• Firm Address (Street address, City, State, ZIP Code)
• Telephone Number
• Fax Number
• Email Address
• Attorney For (enter client’s full legal name)

Superior Court Of California, County Of

Enter the following information about the court this form is being filed with in the spaces provided:

• Street Address
• Mailing Address
• City and ZIP Code
• Branch Name

Petitioner

Enter the full legal name of the petitioner.

Respondent

Enter the full legal name of the respondent.

Other Parent/Party

Enter the full legal name of the other parent or party involved in the request.

Hearing Date

Enter the date of the hearing.

Time

Enter the time that the hearing will be held.

Department or Room

Enter the department or room that the hearing will be held in.

Case Number

Enter the case number assigned to this form.

Restraining Order Information

Check the box of the statement that applies to your situation:

• No domestic violence restraining/protective orders are now in effect between the parties in this case.
• I agree that one or more domestic violence restraining/protective order are now in effect between the parties in this case.

Child Custody/Child Visitation

If you consent to the orders requested for Child Custody and/or Visitation, check the relevant boxes in Lines A and B. If you do not consent to the orders for one or both, check the relevant box or boxes in Line C. Then, if there are any particular orders regarding Child Custody and/or Visitation that you do consent to (but not all other orders for those two categories), check the box on Line C and enter each of those orders in the space provided.

Child Support

This section states that you have completed and filed Form FL-150, or Form FL-155 to support your response to the request for order.

If you consent to the order requested for Child Support and/or to being given guideline support, check the boxes on Lines B and C. If you do not consent to the order requested, check the box on Line D, then, if you consent to a particular order regarding Child Support (but not any other orders for that category), check the box stating that you consent to a particular order and enter the order you consent to in the space provided.

Spousal or Domestic Partner Support

This section states that you have completed and filed Form FL-150 in order to support your response to the request for order.

If you consent to the order requested for Spousal or Domestic Partner Support, check the box on Line B. If you do not consent to the order requested, check the box on Line C. If you consent to a particular order regarding Spousal or Domestic Partner Support (but not any other orders for that category), check the box on Line C and enter the order that you consent to in the space provided.

Petitioner

Enter the full legal name of the petitioner.

Respondent

Enter the full legal name of the respondent.

Other Parent/Party

Enter the full legal name of the other parent or party involved in the request.

Case Number

Enter the case number assigned to this form.

Property Control

If you consent to the order requested for Property Control, check the box on Line A. If you do not consent to the order requested, check the box on Line B. If you consent to a particular order regarding Property Control (but not any other orders for that category), check the box on Line B and enter the order that you consent to in the space provided.

Attorney’s Fees and Costs

This section states that you have completed and filed Form FL-150 in order to support your response to the request for order, as well as Form FL-158 (or a declaration that addresses the factors covered in that form).

If you consent to the order requested for Attorney’s Fees and Costs, check the box on Line C. If you do not consent to the order requested, check the box on Line D. If you consent to a particular order regarding Attorney’s Fees and Costs (but not any other orders for that category), check the box on Line D and enter the order that you consent to in the space provided.

Domestic Violence Order

If you consent to the order requested for Domestic Violence, check the box on Line A. If you do not consent to the order requested, check the box on Line B. If you consent to a particular order regarding Domestic Violence (but not any other orders for that category), check the box on Line B and enter the order that you consent to in the space provided.

Other Orders Requested

If you consent to the other orders requested, check the box on Line A. If you do not consent to the orders requested, check the box on Line B. If you consent to a particular order (or orders) among all other orders requested (but not any other orders), check the box on Line B and enter the orders that you consent to in the space provided.

Time For Service/Time Until Hearing

If you consent to the order requested for the Time For Service or Until Hearing, check the box on Line A. If you do not consent to the order requested, check the box on Line B. If you consent to a particular order regarding the Time for Service or Until Hearing (but not any other orders for that category), check the box on Line B and enter the order that you consent to in the space provided.

Facts To Support

Enter all facts that support your declaration in the space provided. If more space is required, you may attach up to 10 sheets of paper (appropriately labeled) to this form. It is also advisable that you attach documents that will help prove each of the facts that you present.

Certification and Signature

Sign the form in the space provided and enter the date that the form was signed.

Plaintiff/Petitioner

Enter the plaintiff or petitioner’s full legal name.

Defendant/Respondent

Enter the defendant or respondent’s full legal name.

Case Number

Enter the case number assigned to this form.

Declaration

In the space provided, enter your response to the Request for Order (Form FL-300). Note that this form must be attached to another form or court paper before it can be properly filed at court.

Declarant Signature and Name

Enter the Declarant’s full legal name, then have them sign the form in the space provided. Enter the date that the declaration was written and made.

Represented Parties

If any of the parties below are represented by an attorney, check the box labeled “Attorney for” and check the box corresponding to the party that is being represented. You may mark any of the following:

• Plaintiff
• Petitioner
• Defendant
• Respondent
• Other (Specify)

If one or all parties are not represented by an attorney, and are instead representing themselves, do not mark any of the boxes.

Frequently Asked Questions (FAQs)

What is the difference between Form FL-300 and Form FL-320?

Form FL-320 is completed by the responding party. It allows the responding party to present their response, objections, and proposed solutions to the court regarding the specific issues raised in the original request for order. On the other hand, Form FL-300, the Request for Order, is completed by the requesting party. It is used to initiate a request for a court order in family law cases. The requesting party outlines the specific relief they are seeking from the court, such as child custody, child support, spousal support, or property division.

When should I file a Responsive Declaration to Request for Order?

The Responsive Declaration to Request for Order should be filed within the specified deadline provided in the notice or summons. It is important to adhere to the timeline to ensure your response is considered by the court.

Can I fill out Form FL-320 online?

Yes, you can find Form FL-320 online on the official website of the California Courts or other trusted legal resources. It is typically available in a downloadable and printable format for your convenience.

How many copies of Form FL-320 should I file?

Generally, you will need to file the original Form FL-320 with the court, along with sufficient copies for each party involved in the case.

Is there a filing fee for Form FL-320?

Filing fees may vary depending on the court and the specific circumstances of your case. It is advisable to check with the court clerk or consult the court's website for information regarding applicable fees. In some instances, you may be eligible for a fee waiver if you meet certain financial criteria.

Can I request additional orders in my response?

Yes, you can request additional orders in your response using Form FL-320. In fact, you may even propose alternative solutions or modifications to the original request made by the other party.

What supporting documentation should I attach to Form FL-320?

You should attach any relevant supporting documentation that can substantiate your claims, provide additional information, or refute the allegations made in the original request. This can include financial statements, medical records, communication records, or any other evidence that supports your position. Ensure that the attachments are organized, labeled, and referenced properly within the form.

Can I modify or withdraw my response after filing Form FL-320?

Generally, once you file Form FL-320 with the court, it becomes part of the official record, and modifications or withdrawals may require additional legal steps.

How long do I have to file Form FL-320 after receiving the request for order?

The deadline for filing Form FL-320 varies and is typically mentioned in the notice or summons you received.

Can I request an extension to file Form FL-320?

In certain situations, you may be able to request an extension to file Form FL-320. This request is usually made by filing a separate motion or application with the court, explaining the reasons for the extension and seeking the court's approval.

What happens if I fail to file a response to a request for order?

If you fail to file a response to a request for order within the specified timeframe, the court may proceed with the case based on the information provided by the other party. Your opportunity to present your side of the story and object to the requested order may be limited, and the court may make a decision without considering your position.

Can I use Form FL-320 in cases outside of family law?

Form FL-320 is specifically designed for use in family law cases in California. It may not be applicable to cases outside of family law, such as civil or criminal matters. In those cases, different forms and procedures may be required.

Can I request a court hearing when filing Form FL-320?

Yes, you can request a court hearing when filing Form FL-320. If you believe that a hearing is necessary to present your arguments or resolve the issues raised in the request for order, you can indicate your request for a hearing in the appropriate section of the form. The court will then schedule a hearing where both parties can present their positions.

Can I request a continuance for a scheduled hearing after filing Form FL-320?

Yes, you can request a continuance for a scheduled hearing after filing Form FL-320 if there are valid reasons that warrant a postponement. You would typically need to file a separate motion or request for a continuance with the court, explaining the reasons for the request. The court will consider your request and decide whether to grant the continuance based on the circumstances of the case.

What are the consequences of providing false information in Form FL-320?

Providing false information in Form FL-320 can have serious consequences. Courts expect parties to be honest and truthful in their submissions. If false information is discovered, it can harm your credibility and legal standing. It may also lead to penalties, such as fines or sanctions, and negatively impact the outcome of your case.