Do I have to give notice to the Respondent before filing a temporary restraining order

California Family Code section 6300 allows the court to issue an ex parte temporary domestic violence restraining order either with or without notice to the Respondent (opposing person).

California’s 58 counties take three different approaches on notice (from most lenient to most strict):

  1. Counties requiring no notice to Respondent before an initial TRO is issued;
  2. Counties requiring the victim to complete a separate local form regarding notice, but allowing waiver of notice;
  3. Counties requiring the victim to complete a separate local form confirming notice has been given before a TRO is issued, and enforcing the notice requirement except in truly exceptional cases.

The chart below summarizes the requirements in each county. Please feel free to send us a comment if you have any further information on how your county handles ex parte domestic violence restraining orders:

 

Leave a Reply