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Legal Information: California

Restraining Orders

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Laws current as of
January 11, 2024

How does a judge decide whether or not to turn my temporary CHO to a final CHO?

The judge will hold a hearing within 21 to 25 days from when the temporary order was issued to decide whether or not to extend your order. However, the respondent is entitled to one continuance, for a reasonable period, to respond to the petition. In addition, either party may request a continuance of the hearing, which the judge can grant if there is “good cause” to do so.

During this hearing, the harasser can respond to the allegations of harassment that you told the judge to get the temporary order and can try and explain, excuse, justify, or deny the harassment. The judge will then consider all of the evidence and decide whether or not the harassment actually occurred. If the judge decides that the harassment did occur, then s/he should grant you a final order, known as an order after hearing.1

1 Cal.C.C.P. § 527.6(f)-(j), (o), (p)