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HomeFamily CodeDiv. 2Pt. 4§ 246 Temporary Restraining Order Timing

§ 246 Temporary Restraining Order Timing

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 246 Temporary Restraining Order Timing

This law says the court must decide on the same day if someone asks for an emergency order to stop someone from doing something harmful, unless it's too late in the day. If it's too late, the court decides the next day.

Key Takeaways

  • •The court decides on emergency orders fast—usually the same day.
  • •If the request comes in too late, the court decides the next day.
  • •This is for urgent situations where someone needs protection right away.

Example

If someone is threatening to hurt you and you ask the court for an emergency order to stop them, the court must decide that same day.

The court will quickly look at your request and say yes or no to the emergency order to keep you safe.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 246 Temporary Restraining Order Timing

A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (Amended by Stats. 2010, Ch. 572, Sec. 11. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)

Last verified: January 9, 2026

Key Terms

temporary restraining orderSection 240petitionclerk of the court

Related Statutes

  • § 233 Temporary Restraining Order Enforcement
  • § 242 Hearing Timeframes
  • § 243 Restraining Order Service Rules
  • § 17404.1 Child Support Court Orders
  • § 17803 Parent Decision Review Petition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 246.
View Official Source