Request by restrained party to terminate or modify a CH, WV, SV or EA restraining order: personally serve protected party at least 16 court days before hearing (CCP 1005(b))
16 court days before hearing date on the request to terminate or modify the order, under Cal. Code Civ. Proc. 527.6(j)(3), 527.8(l)(3), 527.85(k)(3), 1005(b); Cal. Welf. & Inst. Code 15657.03(i)(3).
Rule text
527.6(j)(3): If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. CCP 1005(b): Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.
Calculate this deadline
- Trigger (Hearing date on the request to terminate or modify the order): Friday, November 6, 2026.
- Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, October 15, 2026.
Cal. Code Civ. Proc. 527.6(j)(3), 527.8(l)(3), 527.85(k)(3), 1005(b); Cal. Welf. & Inst. Code 15657.03(i)(3)
527.6(j)(3): If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. CCP 1005(b): Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the 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
- Same requirement in 527.8(l)(3), 527.85(k)(3) and WIC 15657.03(i)(3). Personal service (or service on the Secretary of State for address confidentiality participants), so no CCP 1005(b) mail or electronic extension is applied; if the court authorizes another method, add the 1005(b) extension for that method. If the protected party cannot be noticed, the court must deny without prejudice or continue the hearing. Court may shorten time. Applies only when the request is made by someone other than the protected party.
- 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 request to terminate or modify the order on Monday, March 15, 2027, personal service: due Friday, February 19, 2027.
- Trigger (Hearing date on the request to terminate or modify the order): Monday, March 15, 2027.
- Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Friday, February 19, 2027.
Notes
Same requirement in 527.8(l)(3), 527.85(k)(3) and WIC 15657.03(i)(3). Personal service (or service on the Secretary of State for address confidentiality participants), so no CCP 1005(b) mail or electronic extension is applied; if the court authorizes another method, add the 1005(b) extension for that method. If the protected party cannot be noticed, the court must deny without prejudice or continue the hearing. Court may shorten time. Applies only when the request is made by someone other than the protected party.
Related deadlines
- Postsecondary school violence restraining order (CCP 527.85): hearing within 21 days after temporary order granted or denied (21 days after)
- Postsecondary school violence restraining order (CCP 527.85): hearing within 21 days after petition filed when no temporary order requested (21 days after)
- Postsecondary school violence restraining order (CCP 527.85): hearing within 25 days after temporary order granted or denied (good cause) (25 days after)
- Postsecondary school violence restraining order (CCP 527.85): hearing within 25 days after petition filed when no temporary order requested (good cause) (25 days after)
- Postsecondary school violence restraining order (CCP 527.85): personally serve respondent at least 5 days before hearing (5 days before)
- Civil harassment restraining order (CCP 527.6): request to renew may be filed within the 3 months before the order expires (3 months before)
- Workplace violence restraining order (CCP 527.8): request to renew may be filed within the 3 months before expiration (3 months before)
- Postsecondary school violence restraining order (CCP 527.85): request to renew 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
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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.