The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff under the circumstances of the particular case.
§ 486.040.Provisions Contained In Temporary Order
Title 6.5. Attachment · Chapter 6. Temporary Protective Order · Enacted 1974 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 486.040 gives the court discretion to shape the contents of a temporary protective order, tailoring its terms to what justice and equity require given the circumstances affecting both the defendant and the plaintiff.
Full Text of § 486.040
Plain-English Summary
Rather than dictate a fixed set of terms for every temporary protective order, § 486.040 hands the court discretion. The order contains whatever provisions the court decides serve justice and equity to the parties, weighed against the effect those provisions will have on both the defendant and the plaintiff in that particular case.
That discretion operates within limits set elsewhere in the chapter. § 486.050 supplies the default rule on prohibiting property transfers, and § 486.060 sets floors on what a defendant can still pay by check while the order is in effect. § 486.040 is the general grant of authority those later sections work within.
Frequently Asked Questions
Does every California temporary protective order contain the same terms?
No. Section 486.040 lets the court tailor the order's provisions to the circumstances of each case.
What standard guides the court in choosing the order's terms?
The interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff.
Where do the specific default limits on a temporary protective order come from?
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: what a california temporary protective order can requirecontents of temporary protective order attachment