Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order if it determines that such action would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of the continuance of the original order, the effect on the plaintiff of modifying or vacating the order, and any other factors.
§ 486.100.Modification Or Vacation
Title 6.5. Attachment · Chapter 6. Temporary Protective Order · Enacted 1974 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 486.100 authorizes a court to modify or vacate a temporary protective order, on the defendant's ex parte application or after a noticed hearing the court orders, whenever doing so serves justice and equity to both parties.
Full Text of § 486.100
Plain-English Summary
A temporary protective order issues on the plaintiff's showing alone, so the statute gives the defendant a way to push back. Under § 486.100, the defendant can bring an ex parte application asking the court to modify or vacate the order, or the court can instead require a noticed hearing before ruling.
Either way, the standard is the same one that governs the order's contents in the first place: justice and equity to the parties. The court weighs the effect on the defendant of leaving the order in place against the effect on the plaintiff of modifying or vacating it, along with any other relevant factor.
Frequently Asked Questions
How can a defendant challenge a temporary protective order already in place?
By an ex parte application to the court, or through a noticed hearing if the court orders one.
What does the court consider in deciding whether to modify or vacate the order?
The effect on the defendant of the order's continuance, the effect on the plaintiff of modifying or vacating it, and any other relevant factor.
Can the court change the order's terms rather than end it entirely?
Yes. § 486.100 lets the court modify the order, not only vacate it outright.
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: modify or vacate temporary protective order californiachallenging TPO attachment