Rule 5.496.Service requirement for proposed restrained persons who appear remotely

Division 2. Rules Applicable in Family and Juvenile Proceedings · Chapter 4. Protective Orders · Adopted 2024 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.496 dispenses with further proof of service where a restrained person appeared remotely at the hearing and so already knows the order’s terms.

Full Text of Rule 5.496

Text sizeJump to: (a) (b)

(a) Application of rule

This rule applies to orders issued under part 4 of division 10 (Domestic Violence Prevention Act) of the Family Code and Welfare and Institutions Code section 213.5.

(b) No additional proof of service required

If the proposed restrained person named in an order issued after hearing appears at that hearing through the use of remote technology, and through that appearance has received actual notice of the existence and substance of the restraining order after hearing, no additional proof of service is required for enforcement of the order.

End

Plain-English Summary

A restraining order is enforceable once the restrained person knows about it, and proof of service is normally how that is established. Remote appearances complicate the paperwork without changing the substance.

The rule resolves it: where the proposed restrained person named in an order issued after hearing appears at that hearing by remote technology, and through that appearance receives actual notice of the existence and substance of the order, no additional proof of service is required for enforcement.

It applies to orders under the Domestic Violence Prevention Act and to juvenile restraining orders under Welfare and Institutions Code section 213.5.

Frequently Asked Questions

Does a restraining order still need serving if the other person appeared by video?

No additional proof of service is required for enforcement where the proposed restrained person appeared at the hearing through remote technology and thereby received actual notice of the existence and substance of the order.

Which orders does this cover?

Orders issued under the Domestic Violence Prevention Act and under Welfare and Institutions Code section 213.5.

Amendment History

Rule 5.496 adopted effective January 1, 2024.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: restraining order remote appearance service Californiano proof of service needed restraining orderactual notice remote hearing