Restraining order: personal service on respondent before hearing
5 days before restraining order hearing date, under Cal. Fam. Code 243(a), (b).
Rule text
(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 hearing.(b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent.
Calculate this deadline
- Trigger (Restraining order hearing date): Friday, November 6, 2026.
- Count back 5 calendar days: Sunday, November 1, 2026.
- That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 30, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Fam. Code 243(a), (b)
(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 hearing.(b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent.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
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- Calendar days, counted backward excluding the hearing day (CCP 12c). PERSONAL service only; no service-method extension. The court may shorten time (243(b)) and the TRO/notice may specify a different deadline; always check the order. Statute is silent on the roll when day 5 falls on a weekend or holiday; moving earlier is the conservative choice. Applies to all Fam. Code 240 TROs. Remote-appearance service rule: CRC 5.496 (not modeled).
- 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
Restraining order hearing date on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.
- Trigger (Restraining order hearing date): Monday, March 15, 2027.
- Count back 5 calendar days: Wednesday, March 10, 2027.
Notes
Calendar days, counted backward excluding the hearing day (CCP 12c). PERSONAL service only; no service-method extension. The court may shorten time (243(b)) and the TRO/notice may specify a different deadline; always check the order. Statute is silent on the roll when day 5 falls on a weekend or holiday; moving earlier is the conservative choice. Applies to all Fam. Code 240 TROs. Remote-appearance service rule: CRC 5.496 (not modeled).
Related deadlines
- Restraining order hearing must be held (TRO granted or denied) (21 days after)
- Restraining order hearing must be held (TRO granted or denied, good cause extension) (25 days after)
- Restraining order hearing must be held (no TRO requested) (21 days after)
- Restraining order renewal: earliest date to request renewal (3 months before)
- Emergency protective order (EPO) expires at close of business on the 5th court day after issuance (or 7th calendar day, if earlier) (5 court days after)
- Emergency protective order (EPO) expires on the 7th calendar day after issuance (or 5th court day, if earlier) (7 days after)
- DV protective order: relinquish firearms and ammunition within 24 hours of service (if not surrendered to officer on request) (1 day after)
- DV protective order: file firearm relinquishment receipt with the court and serving agency within 48 hours of service (2 days after)
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.