Law enforcement
Domestic violence: restraining orders
California courts cannot require advance notice before accepting or deciding an application for an emergency domestic-violence restraining order.
People seeking immediate protection can apply without first alerting the person they want restrained. Courts also cannot demand an explanation for the lack of advance notice.
What the law does
- Bars courts from requiring advance notice to the proposed restrained person before filing or deciding an ex parte restraining-order request.
- Bars courts from requiring a declaration or explanation for not giving advance notice.
- Prohibits denying any part of an ex parte order because advance notice was not provided.
- Prohibits court rules, forms, and practices that conflict with these protections.
- Keeps the requirement that qualifying requests submitted on mandatory Judicial Council forms be accepted for filing.
Who it affects
- People seeking emergency domestic-violence restraining orders.
- People named as proposed restrained parties.
- California courts and court clerks processing these requests.
Context
Ex parte orders generally must be granted or denied the day of filing, or the next judicial business day if filed too late for effective review.