Understanding Temporary Restraining Orders in California Family Law
When people think of restraining orders, they often imagine emergency situations. But in family law—especially during divorce, custody, or domestic disputes—temporary restraining orders (TROs) serve a specific legal purpose: protecting rights, property, and personal safety until a judge can make more permanent decisions.
Here’s a breakdown of what you need to know under California Family Code Part 3 and Part 4, written in plain English.
231-235: Automatic Temporary Restraining Orders
What are they?
These are orders that go into effect automatically when a family law case is filed and served—typically in divorce, legal separation, or parentage cases.
When do they apply?
- Divorce, legal separation, or annulment filings (Section 2040)
- Parentage cases under the Uniform Parentage Act (Section 7700)
What do they do?
These automatic orders prohibit both spouses or parents from:
- Moving children out of state without consent or court order
- Cashing out or hiding shared property
- Changing beneficiaries on insurance or retirement accounts
- Taking other actions that could affect the legal or financial situation until a judge reviews the case
When do they take effect?
As soon as the other party (the respondent) is personally served or accepts service.
How long do they last?
Until:
- The case is dismissed
- A final judgment is made
- The court issues a new order
Are they enforceable statewide?
Yes—but only if law enforcement has been notified or shown a copy of the order.
What if someone violates the order?
- Taking a child out of state without permission: Criminal offense under Penal Code 278.5
- Violating any other part of the order: Punishable under Penal Code 273.6
Important Note:
Just because an ATRO is automatically issued doesn’t mean the court has made any decisions about who’s at fault. It’s a standard safeguard—not evidence of bad behavior.
Can it be changed?
Yes. Either party can ask the court to modify or cancel it or request additional temporary orders.
240-246: Ex Parte Temporary Restraining Orders
What are they?
These are restraining orders issued quickly and without advance notice to the other party, often in emergency situations (like domestic violence or threats to child safety).
When are they used?
In cases involving:
- Divorce or separation (starting with Section 2045)
- Child support asset protection
- Domestic violence (Section 6320, excluding Section 6322.5)
- Parentage actions (Section 7710)
Can they be issued without notice?
Yes, but only if the person requesting it shows that serious or irreversible harm could happen before the other party can be heard.
What happens next?
A hearing must be scheduled:
- Within 21 days (or 25 days if there’s good reason)
- If no TRO is requested, the hearing is still set within the same timeframe
What if the hearing isn’t held in time?
The court can still hear the case, but the TRO won’t stay enforceable unless extended.
What does the respondent get?
They must be personally served with:
- The petition
- The TRO (if granted)
- The notice of the court hearing
This must happen at least 5 days before the hearing, unless the court shortens that window.
Do these cases take priority?
Yes. At the hearing, these matters go to the front of the line on the court’s schedule.
Can either side ask for a delay?
Yes:
- The respondent is entitled to one automatic delay
- Additional delays may be granted for good cause
- If a delay is granted, the TRO stays in effect unless modified
Do you pay to extend a TRO?
No. There’s no fee to extend it.
How fast does the court have to act?
If filed early in the day, the court must grant or deny the TRO the same day. If it’s too late in the day, the court must decide the next business day.
Final Thoughts
Temporary restraining orders in family court are about more than just emergencies—they’re critical tools that:
- Prevent rash financial moves
- Protect children from being moved or hidden
- Give the court time to sort out complex emotional and legal issues
Whether you’re filing a divorce, responding to one, or involved in a custody dispute, understanding how these orders work is essential to protecting your rights.