(a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to the court in which the action is pending for an order terminating the temporary protective order with respect to that defendant.
§ 489.320.Order Terminating Temporary Protective Order
Title 6.5. Attachment · Chapter 9. Undertakings · Article 3. Undertaking to Obtain Release of Attachment or Protective Order · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 489.320 lets a defendant served with a temporary protective order who has appeared move to terminate that order as to that defendant, on the condition that the defendant files an undertaking equal to the amount the attachment seeks to secure.
Full Text of § 489.320
(b) The defendant shall file an undertaking to pay the plaintiff the amount of any judgment recovered by the plaintiff in the action against the defendant. The amount of the undertaking filed pursuant to this section shall be equal to the amount sought to be secured by the attachment. The court shall issue the order terminating the temporary protective order with respect to the defendant upon the condition that a sufficient undertaking be filed.
Plain-English Summary
A temporary protective order can freeze a defendant's assets before a writ of attachment even issues. Section 489.320 gives a defendant who has appeared and been served with that order a way out: a noticed motion asking the court to terminate the order as to that defendant.
The price of that relief is an undertaking. Subdivision (b) sets the amount at the full amount the attachment seeks to secure -- unlike § 489.310's lesser-of-two-figures approach for released property -- and conditions the termination order on filing a sufficient undertaking.
Because the amount tracks the full secured sum rather than the value of any specific property, this remedy suits a defendant who wants the protective order lifted entirely rather than negotiating over particular assets.
Frequently Asked Questions
Can a defendant get a temporary protective order lifted before trial?
Yes. Section 489.320(a) lets a defendant who has appeared and been served with the order move by noticed motion to terminate it as to that defendant.
How much is the undertaking required to terminate a temporary protective order?
Section 489.320(b) sets it at the full amount sought to be secured by the attachment, and the court conditions the termination order on that undertaking being filed.
Amendment History
Amended by Stats. 1982, Ch. 1198, Sec. 52. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
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: terminate temporary protective order californiatpo bond california attachment