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Rule 5.91.Individual restraining order

Division 1. Family Rules · Chapter 6. Request for Court Orders · Article 1. General Provisions · Last amended 2016 · Last verified September 10, 2026

In one sentenceRule 5.91 lets the court issue an individual restraining order on a party’s request, and makes that order supersede the standard orders printed on the family law summons.

Full Text of Rule 5.91

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On a party’s request for order and as provided in the Family Code, a court may issue any individual restraining order that appears to be reasonable or necessary, including those automatic temporary restraining orders included in the family law summons. Individual orders supersede the standard family law restraining orders in the Family Law and Uniform Parentage Act summonses.
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Plain-English Summary

The standard restraining orders on the summons are general and automatic. This rule provides the tailored alternative: on a party’s request for order and as the Family Code allows, the court may issue any individual restraining order that appears reasonable or necessary — including orders covering the same ground the automatic ones do.

The second sentence prevents the two from operating at cross purposes. An individual order supersedes the standard family law restraining orders in the Family Law and Uniform Parentage Act summonses, so there is one set of terms to obey rather than two.

Frequently Asked Questions

Can I get a restraining order different from the automatic ones?

Yes. On a request for order, and as provided in the Family Code, the court may issue any individual restraining order that appears reasonable or necessary, including orders on the same subjects as the automatic temporary orders.

Do the automatic orders still apply if I get an individual order?

The individual order supersedes the standard family law restraining orders in the Family Law and Uniform Parentage Act summonses.

Amendment History

Rule 5.91 amended effective January 1, 2016; adopted effective January 1, 2013.

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: individual restraining order family law Californiasupersede automatic temporary restraining ordersATRO modification