(a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof, which is described in the order, is owned by the defendant at the time of such service, and is subject to attachment pursuant to this title. The lien continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the person receiving the property, whether real or personal, is a person listed in Section 697.740.
§ 486.110.Lien Created By Service of Order Upon Defendant
Title 6.5. Attachment · Chapter 6. Temporary Protective Order · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 486.110 provides that personal service of a temporary protective order creates a lien on the described property the defendant then owns, a lien that survives most transfers and continues until the order expires or a levy occurs under it.
Full Text of § 486.110
(b) The lien terminates upon the date of expiration of the temporary protective order except with respect to property levied upon while the temporary protective order is in effect under a writ of attachment issued upon application of the plaintiff.
Plain-English Summary
Service of the order is more than a notice requirement — under § 486.110, service is the act that creates a lien. Once the order is personally served under § 486.080, a lien attaches to the described property (or its proceeds) that the defendant owns at that moment, so long as the property is otherwise subject to attachment under Title 6.5.
That lien is durable. It continues on the property even if the defendant later transfers or encumbers it, unless whoever receives the property is a person listed in § 697.740. Selling or mortgaging the property does not, by itself, free it from the lien.
The lien is not permanent, though. It terminates when the temporary protective order expires — except for property the plaintiff has already levied on while the order was still in effect under a writ of attachment. Property reached by an actual levy stays subject to the lien beyond the order's own expiration date.
Frequently Asked Questions
What happens when a temporary protective order is personally served on the defendant?
Service creates a lien on the property described in the order that the defendant owns at that time, so long as the property is subject to attachment under Title 6.5.
Does transferring or mortgaging the property afterward defeat the lien?
Generally no. Section 486.110 says the lien continues despite a later transfer or encumbrance, unless the recipient is a person listed in § 697.740.
When does the lien end?
It terminates when the temporary protective order expires, except for property already levied on while the order was in effect under a writ of attachment.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 2.5.
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: lien created by temporary protective order californiaTPO attachment lien on defendant property