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HomeFamily CodeDiv. 10Pt. 3Ch. 2§ 6256 Emergency Protective Order Expiration

§ 6256 Emergency Protective Order Expiration

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

§ 6256 Emergency Protective Order Expiration

This law says how long an emergency protective order lasts. It ends either after 5 days the court is open or after 7 regular days, whichever comes first.

Key Takeaways

  • •An emergency protective order doesn't last forever—it ends after a short time.
  • •The order ends after 5 days the court is open or after 7 regular days, whichever happens first.
  • •Weekends and holidays don't count as court days, so they can make the order last a little longer.

Example

If someone gets an emergency protective order on a Monday, and the court is closed on Saturday and Sunday.

The order will expire at the end of the court day on the following Monday (5 court days later), even though 7 calendar days haven't passed yet.

How to Calculate

The order expires at the earlier of: (a) close of judicial business on the 5th court day after issuance, or (b) the 7th calendar day after issuance.

  1. Count the number of court days (days the court is open) starting from the day after the order is issued.
  2. Count the number of calendar days (all days, including weekends and holidays) starting from the day after the order is issued.
  3. The order expires at the end of the court day on the 5th court day, or at the end of the 7th calendar day, whichever comes first.

An emergency protective order is issued on a Thursday.

Result: The order expires at the close of judicial business on the following Thursday (5 court days later), which is the same as the 7th calendar day in this case.

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

Official Source
View on CA.gov

§ 6256 Emergency Protective Order Expiration

An emergency protective order expires at the earlier of the following times: (a) The close of judicial business on the fifth court day following the day of its issuance. (b) The seventh calendar day following the day of its issuance. (Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1229, Sec. 2. Effective January 1, 1994.)

Last verified: January 9, 2026

Key Terms

emergency protective orderfifth court dayseventh calendar day

Related Statutes

  • § 6250.3 Emergency Protective Order Validity
  • § 6251 Emergency Protective Order Requirements
  • § 6252 Emergency Child Protective Orders
  • § 6254 Emergency Protective Order Eligibility
  • § 6255 Emergency Protective Order Issuance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 6256.
View Official Source