§ 486.010.Application For Order

Title 6.5. Attachment · Chapter 6. Temporary Protective Order · Enacted 1974 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 486.010 lets a plaintiff who has applied for a right to attach order under the noticed-hearing procedure also apply, in the same filing, for a temporary protective order backed by an affidavit showing the plaintiff would suffer great or irreparable injury without it.

Full Text of § 486.010

Text sizeJump to: (a) (b)

(a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to this chapter for a temporary protective order by filing an application for the order with the court in which the action is brought.

(b) The application shall state what relief is requested and shall be supported by an affidavit, which may be based on information and belief, showing that the plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the temporary protective order were not issued.

Plain-English Summary

A noticed-hearing application for a right to attach order takes time to work through the court calendar. During that gap a defendant is free to move money, sell equipment, or otherwise put property out of reach before any writ of attachment ever issues. Section 486.010 gives the plaintiff a way to close that gap: a temporary protective order applied for at the same time as the right to attach order under Chapter 4 (§ 484.010 and following).

The application is filed with the court hearing the action. It must state what relief the plaintiff wants and come with a supporting affidavit. That affidavit does not need to rest on personal knowledge — it may be based on information and belief — but it must show that the plaintiff would suffer great or irreparable injury, in the sense § 485.010 defines, if the order does not issue.

Filing the application is only the first step. § 486.020 sets out the findings the court must make before an order issues, and § 486.030 lets the court substitute this milder order for an ex parte writ in some cases.

Frequently Asked Questions

What is a temporary protective order in a California attachment case?

It is a provisional order a court can issue while a right to attach order application is pending, meant to keep the defendant from disposing of property before a full attachment hearing happens.

When can a plaintiff apply for a temporary protective order?

At the time the plaintiff applies for a right to attach order under Chapter 4, by filing the application with the court where the action is pending.

What must the application include?

A statement of the relief requested and a supporting affidavit showing the plaintiff would suffer great or irreparable injury, within the meaning of § 485.010, without the order.

Does the supporting affidavit have to be based on the plaintiff's personal knowledge?

No. Section 486.010 allows the affidavit to be based on information and belief.

Amendment History

Added by Stats. 1974, Ch. 1516.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: temporary protective order california attachmentTPO before attachment hearing californiaemergency order freeze defendant property before attachment hearing