Elder/dependent adult abuse order with no expiration date on its face: expires 3 years from issuance
36 months after date the restraining order after hearing was issued, under Cal. Welf. & Inst. Code 15657.03(i)(2).
Rule text
(2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
Calculate this deadline
- Trigger (Date the restraining order after hearing was issued): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Welf. & Inst. Code 15657.03(i)(2)
(2) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
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." Gov. Code 6800: "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." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." 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." Elec. Code 15: "Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday."Official source
- Three years = 36 months; roll 'none'. Orders stating an expiration date expire on that date (maximum five years, 15657.03(i)(1)).
- 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 the restraining order after hearing was issued on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the restraining order after hearing was issued): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
Three years = 36 months; roll 'none'. Orders stating an expiration date expire on that date (maximum five years, 15657.03(i)(1)).
Related deadlines
- Elder/dependent adult abuse petition: hearing within 21 days after TRO granted or denied (21 days after)
- Elder/dependent adult abuse petition: hearing within 25 days after TRO ruling if good cause (25 days after)
- Elder/dependent adult abuse petition with no TRO request: hearing within 21 days after petition filed (21 days after)
- Elder/dependent adult abuse petition with no TRO request: hearing within 25 days if good cause (25 days after)
- Personal service on respondent of petition, notice of hearing, TRO and declarations: at least 5 days before hearing (5 days before)
- APS-filed petition: elder or dependent adult receives copy of petition and notice at least 5 days before hearing (5 days before)
- Respondent's written response served at least 2 days before hearing (petitioner then not entitled to continuance) (2 days before)
- Request to renew elder/dependent adult abuse restraining order: may be filed within the 3 months before expiration (3 months 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.