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Legal Information: California

Restraining Orders

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April 2, 2020

What types of restraining orders to prevent elder or dependent adult abuse are there? How long do they last?

There are two types of orders: a temporary ex parte order and a final order.

If you ask for a temporary ex parte restraining order, the judge will decide whether or not to issue the order on the same day that you file for it (or, if it’s filed too late in the day, on the next day the court is in session).1 If the judge grants you a temporary order, it will last until your hearing date for a final order, which is generally within 21 days (but could be within 25 days if there is “good cause”).2 At your final hearing date, the judge will decide to continue or cancel the order. If the judge grants you a final order, it could last for up to five years.3

1 Cal Wel. & Inst. Code § 15657.03(e)
2 Cal Wel. & Inst. Code § 15657.03(f)
3 Cal Wel. & Inst. Code § 15657.03(i)(1)