Part 4. Ex Parte Temporary Restraining Orders of California Family Law Code >> Division 2. >> Part 4.
This part applies where a temporary restraining order,
including a protective order as defined in Section 6218, is issued
under any of the following provisions:
(a) Article 2 (commencing with Section 2045) of Chapter 4 of Part
1 of Division 6 (dissolution of marriage, nullity of marriage, or
legal separation of the parties).
(b) Article 3 (commencing with Section 4620) of Chapter 3 of Part
5 of Division 9 (deposit of assets to secure future child support
(c) Article 1 (commencing with Section 6320) of Chapter 2 of Part
4 of Division 10 (Domestic Violence Prevention Act), other than an
order under Section 6322.5.
(d) Article 2 (commencing with Section 7710) of Chapter 6 of Part
3 of Division 12 (Uniform Parentage Act).
Except as provided in Section 6300, an order described in
Section 240 may not be granted without notice to the respondent
unless it appears from facts shown by the declaration in support of
the petition for the order, or in the petition for the order, that
great or irreparable injury would result to the petitioner before the
matter can be heard on notice.
(a) Within 21 days, or, if good cause appears to the court, 25
days from the date that a temporary restraining order is granted or
denied, a hearing shall be held on the petition. If no request for a
temporary restraining order is made, the hearing shall be held within
21 days, or, if good cause appears to the court, 25 days from the
date that the petition is filed.
(b) If a hearing is not held within the time provided in
subdivision (a), the court may nonetheless hear the matter, but the
temporary restraining order shall no longer be enforceable unless it
is extended under Section 245.
(a) If a petition under this part has been filed, the
respondent shall be personally served with a copy of the petition,
the temporary restraining order, if any, and the notice of hearing on
the petition. Service shall be made at least five days before the
(b) On motion of the petitioner or on its own motion, the court
may shorten the time for service on the respondent.
(c) If service on the respondent is made, the respondent may file
a response that explains or denies the allegations in the petition.
(a) On the day of the hearing, the hearing on the petition
shall take precedence over all other matters on the calendar that
day, except older matters of the same character, and matters to which
special precedence may be given by law.
(b) The hearing on the petition shall be set for trial at the
earliest possible date and shall take precedence over all other
matters, except older matters of the same character, and matters to
which special precedence may be given by law.
(a) The respondent shall be entitled, as a matter of course,
to one continuance for a reasonable period, to respond to the
(b) Either party may request a continuance of the hearing, which
the court shall grant on a showing of good cause. The request may be
made in writing before or at the hearing or orally at the hearing.
The court may also grant a continuance on its own motion.
(c) If the court grants a continuance, any temporary restraining
order that has been issued shall remain in effect until the end of
the continued hearing, unless otherwise ordered by the court. In
granting a continuance, the court may modify or terminate a temporary
(d) If the court grants a continuance, the extended temporary
restraining order shall state on its face the new date of expiration
of the order.
(e) A fee shall not be charged for the extension of the temporary
A request for a temporary restraining order described in
Section 240, issued without notice, shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.