# Do you have to tell the other person before asking for a domestic violence restraining order in California?

> What California Family Code §§ 6300 and 6326, Rules of Court 5.151 and 5.165, and AB 1657 (effective January 1, 2027) say about notice before a temporary DV restraining order.

**Direct answer.** Under California law today, a judge may not deny a temporary domestic violence restraining order solely because the other person was not given notice (Fam. Code §§ 6300(b), 6326). Some courts have local notice rules or forms. AB 1657 (effective January 1, 2027) adds further limits on requiring advance notice; see the questions below.

## Two kinds of "notice": before filing vs. after filing

This page is about notice before the judge decides the temporary order. Notice after filing is service: the other person must be personally served at least five days before the hearing (Fam. Code §§ 242 to 243), and DV-100 item 21 is the form’s box for asking for more time to serve.

## What California law says now (through December 31, 2026)

Fam. Code § 6326 says an ex parte order shall be issued or denied the same day the application is submitted, or the next day of judicial business if filed too late, and that a petition shall not be denied solely because the other party was not provided with notice.

Fam. Code § 6300(b) repeats that an ex parte restraining order shall not be denied solely because the other party was not provided with notice. Fam. Code § 6300(c) says the clerk shall not reject an ex parte request on mandatory Judicial Council forms that includes required forms and identifies both parties.

Fam. Code § 241 is the general notice rule, with an exception for orders under § 6300.

## Court rules about notice (the 10:00 a.m. rules)

Rule 5.165(b) says its 10:00 a.m. notice rule does not apply to requests under the Domestic Violence Prevention Act. Rule 5.151(a) says its rules do not apply to DVPA ex parte applications unless specifically stated. Rules 3.1200 and 3.1204 govern civil ex parte applications.

The Senate Judiciary analysis of AB 1657 (June 2026) describes how courts and commentators have read these rules differently, which is part of why the Legislature passed AB 1657.

## Local court practices

The bill’s author, quoted in the Senate Judiciary analysis, states that several counties still require notice or a notice declaration before granting a temporary order. Check your court’s local rules and filing instructions on our courts directory and county guides.

## What changes on January 1, 2027 (AB 1657)

AB 1657 (Rogers; chaptered as Chapter 368, Statutes of 2026, approved September 20, 2026; no urgency clause, effective January 1, 2027) amends Fam. Code §§ 6300 and 6326. From January 1, 2027, courts may not require advance notice to the restrained party before accepting or deciding an ex parte domestic violence restraining-order application, may not require an explanation for not giving notice, may not deny a temporary order in whole or in part because notice was not given, and may not maintain rules, forms, or practices inconsistent with those limits. Fam. Code § 6300(c), as amended by AB 1657, bars the clerk from rejecting an ex parte request filed on mandatory Judicial Council forms that includes every required form and identifies both parties.

Same-day or next-court-day ruling under § 6326(a) and post-filing hearing and service timing do not change.

## How JusticeOS helps

JusticeOS helps you fill in the court forms you choose, like DV-100, DV-109, DV-110 and CLETS-001, from your answers. You review every field. Free Clerk Check looks for blanks and missing signatures. You file and serve. It does not decide whether to give notice or which forms apply to you.

We help you complete the forms you select, at your direction. One payment per case ({price}); free with a fee waiver.

## Questions people ask next

### Do I have to tell my abuser before I file for a restraining order in California?

California law says a temporary DV restraining order cannot be denied solely because the other person was not notified. Some courts have local notice rules. From January 1, 2027, courts cannot require advance notice (AB 1657).

### What is AB 1657?

AB 1657 (Rogers; chaptered as Chapter 368, Statutes of 2026, approved September 20, 2026; no urgency clause, effective January 1, 2027) amends Fam. Code §§ 6300 and 6326. See https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1657.

### What does AB 1657 change?

From January 1, 2027, courts may not require advance notice to the restrained party before accepting or deciding an ex parte domestic violence restraining-order application, may not require an explanation for not giving notice, may not deny a temporary order in whole or in part because notice was not given, and may not maintain rules, forms, or practices inconsistent with those limits. Fam. Code § 6300(c), as amended by AB 1657, bars the clerk from rejecting an ex parte request filed on mandatory Judicial Council forms that includes every required form and identifies both parties.

### Is AB 1657 in effect now?

Not until January 1, 2027. Until then, current §§ 6300 and 6326 and local court rules apply.

### What is an "ex parte" restraining order?

A temporary order a judge decides from the filed papers before the hearing with both sides. California law says it is issued or denied the same day, or the next court day if filed too late.

### Does the 10:00 a.m. notice rule apply to DV restraining orders?

Rule 5.165 says its 10:00 a.m. notice rule does not apply to requests under the Domestic Violence Prevention Act.

### Will the other person find out eventually?

After filing, the other person must be personally served before the hearing, generally at least five days before (Fam. Code §§ 242 to 243).

### Can JusticeOS tell me whether to give notice?

No. JusticeOS helps you fill in forms you choose and shows what the rules and forms say. A court self-help center or a lawyer can help with your situation.

## Official sources

- [Fam. Code § 6326](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6326.)
- [Fam. Code § 6300](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6300.)
- [Fam. Code § 241](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=241.)
- [Cal. Rules of Court, rule 5.151](https://courts.ca.gov/cms/rules/index/five/rule5_151)
- [Cal. Rules of Court, rule 5.165](https://courts.ca.gov/cms/rules/index/five/rule5_165)
- [AB 1657 bill text](https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB1657)

## Related guides

- [How California DVRO filing works after you finish the forms](https://justiceos.ai/guides/dvro-filing)
- [DV-100: what the California request form asks for](https://justiceos.ai/guides/dv-100)
- [Serving California DVRO papers: who can serve and what to file](https://justiceos.ai/guides/dvro-service)
- [Emergency protective orders in California: what the police can get you, and the 5-to-7 day clock it starts](https://justiceos.ai/guides/emergency-protective-order)
- [California domestic violence restraining-order forms: the starting packet](https://justiceos.ai/guides/california-dvro-forms)

Published 2026-10-13. Reviewed against official California Courts guidance on 2026-10-13.

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JusticeOS is not a law firm, is not your lawyer, and does not give legal advice. It explains California court forms and procedure in plain language and cites official sources. In immediate danger call 911. National Domestic Violence Hotline: 1-800-799-7233.

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