California Bars Courts From Requiring Advance Notice Before an Emergency Restraining Order

California Bars Courts From Requiring Advance Notice Before an Emergency Restraining Order

Governor Gavin Newsom signed AB 1657 on September 20, 2026, amending Family Code sections 6300 and 6326 to prohibit California courts from requiring that a person asking for an emergency domestic violence restraining order first notify the party they are asking to restrain, or explain why they did not.

Information last verified on September 22, 2026. This is a developing story; we update it as the record changes.

Jurisdiction scope: This article addresses California domestic violence restraining orders under the Domestic Violence Prevention Act, specifically Family Code sections 6300 and 6326. It does not address civil harassment restraining orders, elder abuse orders, workplace violence orders, or protective order procedure in any other state.

What Happened

The Governor approved Assembly Bill 1657, authored by Assemblymember Rogers, on September 20, 2026, and it was filed with the Secretary of State the same day as Chapter 368 of the Statutes of 2026. The chaptered text describes it as "An act to amend Sections 6300 and 6326 of the Family Code, relating to domestic violence."

An ex parte order is by definition one the court can issue without hearing from the other side first. In California's Domestic Violence Prevention Act, that is the mechanism behind the temporary restraining order a person seeks the same day they walk into the courthouse. Family Code section 6300(a) permits the court to issue an order on reasonable proof of a past act or acts of abuse, and expressly allows it "based solely on the affidavit or testimony of the person requesting the restraining order."

AB 1657 addresses what happens before that showing is ever reached, by adding an identically worded subdivision (b) to both section 6300 and section 6326:

"The court shall not require notice to be provided to the party to be restrained in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. The court shall not require an explanation or declaration for not providing notice in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. An ex parte restraining order shall not be denied, in whole or in part, because the other party was not provided with notice. A court shall not adopt or maintain any rule, form, or practice that is inconsistent with this subdivision." Cal. Fam. Code secs. 6300(b), 6326(b), as amended by Stats. 2026, ch. 368

The version in section 6300(b) adds a cross-reference identifying the orders covered as those under Article 1, commencing with section 6320, of Chapter 2.

What the Law Actually Says

The amendment does four separate things, and they are easy to collapse into one another.

It removes advance notice as a filing condition. A court may not require that the restrained party be notified before the clerk accepts the filing or before the judge decides it. This is the piece that operates at the counter, before any judge sees the paperwork.

It removes the explain-yourself requirement. A court may not require an explanation or a declaration accounting for why advance notice was not given. That is a meaningful separate rule. A court could comply with the first prohibition while still conditioning the application on a written justification, which for many applicants is the same barrier wearing a different hat.

It strengthens the denial bar. The enacted subdivision says an order "shall not be denied, in whole or in part," because the other party was not given notice. The Legislative Counsel's Digest describes existing law as having prohibited denial "solely" on that ground. The phrase "in whole or in part" reaches an order that is granted but narrowed for want of notice, which the older formulation arguably did not.

It binds local rules and forms, not just rulings. The final sentence prohibits a court from adopting or maintaining any rule, form, or practice inconsistent with the subdivision. California trial courts write their own local rules and local forms, and that sentence is aimed squarely at them.

Two related provisions sit alongside the new subdivision and are worth knowing because they are often confused with it.

Section 6300(c), which AB 1657 leaves in place, tells the clerk what cannot be rejected for filing. An ex parte request for a protective order as defined in section 6218 may not be rejected for filing if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of it.

Section 6326(a), also untouched, is the timing rule. An ex parte order under that article is issued or denied the same day the application is submitted to the court, unless the application is filed too late in the day to permit effective review, in which case it is issued or denied on the next day of judicial business in time to be filed that day with the clerk.

None of this changes what an applicant has to show. Section 6300(a) still requires reasonable proof of a past act or acts of abuse, considered together with any additional information provided to the court under section 6306. Our guide to how California protective orders work from filing to hearing covers that showing and the timeline that follows the temporary order.

When It Takes Effect

AB 1657 contains no urgency clause. It takes effect January 1, 2027 under the California Constitution's default rule for statutes enacted in a regular session. Local courts have until then to bring inconsistent rules, forms and practices into line with the new subdivision.

Analysis: Why This Matters

The following is analysis from the Recording Law Editorial Team.

Most legislation about domestic violence protective orders changes what a person has to prove or what an order can do. This bill changes neither. It changes the friction between the front door of the courthouse and the judge, which is where a surprising share of protective order applications actually fail.

That is the reason the fourth sentence is the operative one. A statute that told judges not to deny orders for lack of notice already existed in substance. What did not exist was a prohibition on a court building the requirement into its own forms, its own local rules, or its unwritten counter practice, where it never produces an appealable ruling at all. A person turned away at a filing window, or handed a form with a box asking why the other party was not notified, does not generate a record. There is nothing to appeal because nothing was denied. Writing "rule, form, or practice" into the Family Code is an attempt to reach conduct that the ordinary appellate corrective cannot touch.

The explanation prohibition points at the same problem. Requiring a declaration justifying the absence of notice is, functionally, requiring the applicant to argue against the premise of an ex parte filing before they are allowed to make it. An applicant represented by counsel handles that in a paragraph. A self-represented applicant, which describes most people seeking these orders, may not get past it.

There is a real tension worth naming, because the statute does not resolve it and readers should not be told it does. Ex parte relief is an exception to the ordinary rule that a person gets notice before a court restrains them, and courts have institutional reasons to be uneasy about that exception. California's answer here is that the Legislature, not the individual court, decides where that line sits for domestic violence orders, and that the answer is written into sections 6300 and 6326 rather than left to local practice. The due process protection the restrained party retains is the noticed hearing that follows the temporary order, which AB 1657 does not touch.

For readers whose situation involves children or a pending dissolution, note that a domestic violence restraining order is a distinct proceeding from a custody case or a divorce, even when the same people and the same facts are involved. Our overviews of custody standards across the states and California's dissolution rules cover those separately.

How This Affects You

Starting January 1, 2027, a California court cannot condition the filing or the decision of an ex parte domestic violence restraining order application on having notified the other party, and cannot require a written explanation for the absence of that notice. If a local form or local rule currently asks for one, the statute directs that it not be maintained.

What has not changed is the substance. The applicant still has to give the court reasonable proof of a past act or acts of abuse, still does so through the mandatory Judicial Council forms, and still faces a noticed hearing after the temporary order where the restrained party can respond. Nor does the statute affect any other kind of California restraining order; it amends the domestic violence provisions only.

These are general descriptions of how the statute is written. They are not advice about any particular filing, and anyone in immediate danger should contact local law enforcement rather than wait for a court process.

This is general legal information, not legal advice. It covers California law and reflects sources verified on September 22, 2026. Laws change and this story is developing; consult a lawyer licensed in your jurisdiction about your specific situation.

Related articles

• California restraining orders: how to get a protective order
• Restraining order laws by state
• Child custody laws by state
• California divorce laws

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Last updated: 2026-09-22. This is a developing story; details verified as of 2026-09-22.

Frequently Asked Questions

What does California AB 1657 change about restraining orders?

AB 1657 amends Family Code sections 6300 and 6326 so a court may not require notice to the party to be restrained before accepting a filing for, or deciding, an ex parte domestic violence restraining order application, and may not require an explanation or declaration for not giving that notice.

When does AB 1657 take effect?

It was approved on September 20, 2026 as Chapter 368 of the Statutes of 2026 and carries no urgency clause, so it takes effect January 1, 2027 under California's default rule for regular-session statutes.

Do I have to tell the other person before asking for an emergency restraining order in California?

Under the amended statute, a California court may not require that as a condition of accepting the filing or deciding the application, and may not deny the order in whole or in part because the other party was not given notice. The restrained party receives notice for the hearing that follows the temporary order.

Does AB 1657 change what an applicant has to prove?

No. Family Code section 6300(a) still requires reasonable proof of a past act or acts of abuse, considered with any additional information provided under section 6306, and still allows the court to issue an order based solely on the affidavit or testimony of the person requesting it.

Can a court clerk reject my restraining order paperwork?

Family Code section 6300(c), which AB 1657 leaves in place, provides that an ex parte request for a protective order as defined in section 6218 shall not be rejected for filing if it is submitted on mandatory Judicial Council forms, includes all forms required to issue an order, and identifies the party submitting the request and the party who is its subject.

How quickly does a California court have to decide an ex parte application?

Family Code section 6326(a), which the bill does not change, requires the order to be issued or denied the same day the application is submitted, unless it was filed too late in the day to permit effective review, in which case it is decided on the next day of judicial business in time to be filed that day with the clerk.

Does this apply to civil harassment or elder abuse restraining orders?

No. AB 1657 amends sections 6300 and 6326 of the Family Code, which are part of the Domestic Violence Prevention Act. Civil harassment, elder and dependent adult abuse, workplace violence and school violence restraining orders are governed by other statutes that this bill does not amend.