Restraining order hearing must be held (no TRO requested)

21 days after date petition was filed (no tro requested), under Cal. Fam. Code 242(a).

Rule text

(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.

Cal. Fam. Code 242(a), official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Date petition was filed (no TRO requested)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
  3. 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)).
Rules applied
Cal. Fam. Code 242(a)
(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.
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
  • 25 days if good cause. Court-setting deadline (latest permissible hearing date), useful to check the date on the notice of hearing. Applies to TROs under Fam. Code 240 (DVPA, dissolution/legal separation/nullity, Fam. Code 4620, UPA). If the hearing is not held in time, the TRO is unenforceable unless extended under Fam. Code 245 (242(b)). Respondent is entitled to one continuance as a matter of course (Fam. Code 245(a)). AMBIGUITY: whether the CCP 12a weekend/holiday roll applies to a court's hearing-setting duty; the conservative check is the unrolled date.
  • 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 petition was filed (no TRO requested) on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Date petition was filed (no TRO requested)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.

Notes

25 days if good cause. Court-setting deadline (latest permissible hearing date), useful to check the date on the notice of hearing. Applies to TROs under Fam. Code 240 (DVPA, dissolution/legal separation/nullity, Fam. Code 4620, UPA). If the hearing is not held in time, the TRO is unenforceable unless extended under Fam. Code 245 (242(b)). Respondent is entitled to one continuance as a matter of course (Fam. Code 245(a)). AMBIGUITY: whether the CCP 12a weekend/holiday roll applies to a court's hearing-setting duty; the conservative check is the unrolled date.

Related deadlines

All California family law deadlines

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.

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.