Hearing after temporary emergency GVRO: within 21 days after date on order

21 days after date on the temporary emergency gun violence restraining order, under Cal. Penal Code 18148.

Rule text

Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.

Cal. Penal Code 18148, official source

Calculate this deadline

Deadline
Wednesday, November 25, 2026
  1. Trigger (Date on the temporary emergency gun violence restraining order): 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: Wednesday, November 25, 2026 (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)).
Rules applied
Cal. Penal Code 18148
Within 21 days after the date on the order, the court that issued the order or another court in the same jurisdiction, shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued pursuant to Chapter 4 (commencing with Section 18170) after notice and hearing.
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
  • Court's duty to hold the hearing; the court sets the date. Latest permissible hearing date, rolled back to the previous court day because a hearing must be held within the period. May be continued for good cause, with the existing order remaining in effect (18195).
  • 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 on the temporary emergency gun violence restraining order on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Date on the temporary emergency gun violence restraining order): Monday, March 15, 2027.
  2. Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.

Unsettled points

  • These are court-set dates; the calculator shows the last court day inside each statutory window, the date a court is most likely to use, and labels it court-set.Other reading: If CCP 12a extends these windows, a weekend or holiday last day rolls forward and the hearing may be one to three days later.

Notes

Court's duty to hold the hearing; the court sets the date. Latest permissible hearing date, rolled back to the previous court day because a hearing must be held within the period. May be continued for good cause, with the existing order remaining in effect (18195).

Related deadlines

All California special proceedings 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.