Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person knows of or is served with a copy of the temporary protective order.
§ 486.070.Order Binds Only Defendant
Title 6.5. Attachment · Chapter 6. Temporary Protective Order · Last amended 1976 · Last verified July 28, 2026
In one sentenceSection 486.070 states that a temporary protective order binds only the defendant named in it, whether or not any other person knows of the order or has been served with a copy, except as § 486.110 separately provides.
Full Text of § 486.070
Plain-English Summary
A temporary protective order is personal to the defendant. Section 486.070 makes that explicit: the order binds the defendant alone, regardless of whether anyone else — a bank, a business partner, a buyer — has heard of it or been served with a copy. Third parties do not have to police the defendant's compliance or refuse to deal with the defendant because an order exists.
That rule has one carve-out. § 486.110 creates a lien on described property once the order is personally served on the defendant, and that lien can follow the property even into a transferee's hands in some circumstances. § 486.070's general no-third-party-binding rule gives way to that lien mechanism where the two sections overlap.
Frequently Asked Questions
Does a temporary protective order restrict banks or buyers who deal with the defendant?
No, not by itself. Section 486.070 says the order binds only the defendant named in it, not third parties.
Is there an exception to that rule?
Yes. § 486.110 creates a lien on the property the order describes once the order is served, and that lien can affect a later transferee.
Does a third party need to be served with the order to be affected by it?
Under § 486.070, no one but the defendant is bound by the order regardless of notice, subject only to the lien exception in § 486.110.
Amendment History
Amended by Stats. 1976, Ch. 437.
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: does temporary protective order bind third partieswho is bound by california TPO