DVRO ex parte request denied: noticed hearing no later than 21 days from denial order
21 days after date of the order denying the ex parte dvro request, under Cal. Fam. Code 6320.5(b).
Rule text
(b) An order denying a jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order. The petitioner shall serve on the respondent, at least five days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.
Calculate this deadline
- Trigger (Date of the order denying the ex parte DVRO request): Friday, November 6, 2026.
- Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
- That day is a Day after Thanksgiving, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)).
Cal. Fam. Code 6320.5(b)
(b) An order denying a jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order. The petitioner shall serve on the respondent, at least five days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Outer date for the hearing absent good cause; see dvro_denied_ex_parte_hearing_25_days_good_cause. Applies when the DVRO ex parte (temporary) order is DENIED and the petitioner does not waive the noticed hearing (6320.5(c)). Compare existing rules dvro_hearing_21_tro / dvro_hearing_25_good_cause (Fam. Code 242, TRO granted). Amended by Stats. 2019, ch. 115 (AB 1817).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the order denying the ex parte DVRO request on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Date of the order denying the ex parte DVRO request): Monday, March 15, 2027.
- Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.
Notes
Outer date for the hearing absent good cause; see dvro_denied_ex_parte_hearing_25_days_good_cause. Applies when the DVRO ex parte (temporary) order is DENIED and the petitioner does not waive the noticed hearing (6320.5(c)). Compare existing rules dvro_hearing_21_tro / dvro_hearing_25_good_cause (Fam. Code 242, TRO granted). Amended by Stats. 2019, ch. 115 (AB 1817).
Related deadlines
- CCP 170.6 peremptory challenge: judge known at least 10 days before hearing/trial (5 days before)
- CCP 170.6 peremptory challenge: judge assigned for all purposes (15 days after)
- Family limited scope: client objection (FL-956) to proposed notice of completion (10 days after)
- Family limited scope: hearing on client objection no later than 25 court days after objection filed (25 court days after)
- Family limited scope: attorney's response (FL-957) to objection (9 court days before)
- Family law transfer ordered on court's own motion: responsible party pays Gov. Code 70618 transfer fees (5 days after)
- Family law attorney's real property lien (FLARPL): serve notice before recording (15 days before)
- ATROS: notify other party of proposed extraordinary expenditure (5 court days before)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.