Rule Emergency Rule 8 - Emergency orders: temporary restraining or protective orders(a) ApplicationNotwithstanding any other law, this rule applies to any emergency protective order, temporary restraining order, or criminal protective order that was requested, issued, or set to expire during the state of emergency related to the COVID-19 pandemic. This includes requests and orders issued under Family Code sections 6250 or 6300, Code of Civil Procedure sections 527.6, 527.8, or 527.85, Penal Code sections 136.2, 18125 or 18150, or Welfare and Institutions Code sections 213.5, 304, 362.4, or 15657.03, and including any of the foregoing orders issued in connection with an order for modification of a custody or visitation order issued pursuant to a dissolution, legal separation, nullity, or parentage proceeding under Family Code section 6221.
(b) Duration of orders(1) Any emergency protective order made under Family Code section 6250 that is issued during the state of emergency must remain in effect for up to 30 days from the date of issuance.(2) Any temporary restraining order or gun violence emergency protective order issued or set to expire during the state of emergency related to the COVID-19 pandemic must remain in effect for a period of time that the court determines is sufficient to allow for a hearing on the long-term order to occur, for up to 90 days.(3) Any criminal protective order, subject to this rule, set to expire during the state of emergency, must be automatically extended for a period of 90 days, or until the matter can be heard, whichever occurs first.(4) Upon the filing of a request to renew a restraining order after hearing that is set to expire during the state of emergency related to the COVID-19 pandemic, the current restraining order after hearing must remain in effect until a hearing on the renewal can occur, for up to 90 days from the date of expiration.(c)Ex parte requests and requests to renew restraining orders(1) Courts must provide a means for the filing of ex parte requests for temporary restraining orders and requests to renew restraining orders. Courts may do so by providing a physical location, drop box, or, if feasible, through electronic means.(2) Any ex parte request and request to renew restraining orders may be filed using an electronic signature by a party or a party's attorney.(d) Service of OrdersIf a respondent appears at a hearing by video, audio, or telephonically, and the court grants an order, in whole or in part, no further service is required upon the respondent for enforcement of the order, provided that the court follows the requirements of Family Code section 6384.
(e) Entry of orders into California Law Enforcement Telecommunications SystemAny orders issued by a court modifying the duration or expiration date of orders subject to this rule, must be transmitted to the Department of Justice through the California Law Enforcement Telecommunications System (CLETS), as provided in Family Code section 6380, without regard to whether they are issued on Judicial Council forms, or in another format during the state of emergency.
(f)Sunset of ruleThis rule will sunset on June 30, 2022, unless otherwise amended or repealed by the Judicial Council.
Cal. R. Ct. App I R. R. Emergency Rule 8
Emergency Rule 8 amended effective 3/11/2022; amended effective 4/20/2020; appendix I adopted effective 4/6/2020.