Personal service on respondent of petition, notice of hearing, TRO and declarations: at least 5 days before hearing
5 days before hearing date on the petition, under Cal. Welf. & Inst. Code 15657.03(k)(1); Cal. Rules of Court, rule 3.1160(c)(1).
Rule text
15657.03(k)(1): Except as provided in paragraph (2), upon the filing of a petition for protective orders under this section, the respondent shall be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition. Service shall be made at least five days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. CRC 3.1160(c)(1): Except as provided in (2), the request for a protective order, notice of hearing, and any temporary restraining order, must be personally served on the respondent at least five days before the hearing, unless the court for good cause orders a shorter time. Service must be made in the manner provided by law for personal service of summons in civil actions.
Cal. Welf. & Inst. Code 15657.03(k)(1); Cal. Rules of Court, rule 3.1160(c)(1), official source
Calculate this deadline
- Trigger (Hearing date on the petition): 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. Welf. & Inst. Code 15657.03(k)(1); Cal. Rules of Court, rule 3.1160(c)(1)
15657.03(k)(1): Except as provided in paragraph (2), upon the filing of a petition for protective orders under this section, the respondent shall be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition. Service shall be made at least five days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. CRC 3.1160(c)(1): Except as provided in (2), the request for a protective order, notice of hearing, and any temporary restraining order, must be personally served on the respondent at least five days before the hearing, unless the court for good cause orders a shorter time. Service must be made in the manner provided by law for personal service of summons in civil actions.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
- 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.
- Personal service only, so no mail extension. Counted backward (CCP 12c); previous court day is a conservative roll (personal service on a weekend is valid). Court may shorten time. Beginning Jan. 1, 2027, the court may authorize an alternative method of service if the respondent is evading service or cannot be located (15657.03(k)(2)). CRC 3.1160 amended eff. July 1, 2025.
- 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
Hearing date on the petition on Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.
- Trigger (Hearing date on the petition): Monday, March 15, 2027.
- Count back 5 calendar days: Wednesday, March 10, 2027.
Notes
Personal service only, so no mail extension. Counted backward (CCP 12c); previous court day is a conservative roll (personal service on a weekend is valid). Court may shorten time. Beginning Jan. 1, 2027, the court may authorize an alternative method of service if the respondent is evading service or cannot be located (15657.03(k)(2)). CRC 3.1160 amended eff. July 1, 2025.
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)
- 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)
- Elder/dependent adult abuse order with no expiration date on its face: expires 3 years from issuance (36 months 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.