Often, yes. A ruling that grants, denies, or dissolves a civil restraining order, such as a domestic violence restraining order or a civil harassment order, can generally be appealed under the appeal rule for injunctions. The deadline is short and generally cannot be extended, and filing an appeal does not suspend the order’s no-contact and stay-away terms.

What can be appealed

A restraining order is an injunction, an order that forbids specific conduct. A domestic violence protective order, for example, is an order enjoining specific acts of abuse or other behavior, or excluding a person from a home (Family Code section 6218). Code of Civil Procedure section 904.1 allows an appeal “from an order granting or dissolving an injunction, or refusing to grant or dissolve an injunction.” That covers a ruling after the hearing that grants the restraining order, denies it, dissolves it, or refuses to dissolve it. Section 904.1 sits in the part of the Code of Civil Procedure titled “Appeals in Civil Actions,” so it governs civil protective orders such as domestic violence and civil harassment restraining orders. It does not govern a criminal protective order issued in a criminal case, which follows a different process.

The deadline is strict

Unless a statute or another appellate rule provides otherwise, a notice of appeal must be filed by the earliest of these dates (California Rules of Court, rule 8.104):

  • 60 days after the court clerk serves you with a document titled “Notice of Entry” of the order, or a filed-endorsed copy of the order, showing the date it was served;
  • 60 days after a party serves you, or you serve a party, with either document along with a proof of service; or
  • 180 days after the order is entered.

Certain motions filed after the ruling can change the timing under rule 8.108. Otherwise, apart from a public-emergency order under rule 8.66, no court may extend the time to file a notice of appeal, and the Court of Appeal must dismiss an appeal filed late. Because the clock depends on when the order was entered and how it was served, confirm those dates from the court file rather than counting from the hearing date.

The order stays in force unless a court stays it

Code of Civil Procedure section 916 generally stays trial court proceedings on an order once it is appealed, including its enforcement. That general rule does not suspend an order’s prohibitions, though: the California Supreme Court has long treated an order that forbids conduct, a prohibitory injunction, as not automatically stayed by an appeal, unlike an order that commands someone to act (Feinberg v. One Doe Co. (1939) 14 Cal.2d 24, 28). No-contact, stay-away, and no-harassment terms forbid conduct. In addition, an appeal does not stay the parts of an order that affect child custody or visitation, or that temporarily exclude a party from a dwelling under the Family Code, although the trial court may stay them in its discretion (Code of Civil Procedure section 917.7).

If you want the order paused while the appeal is pending, you have to ask for it. The trial court may stay enforcement of an order (Code of Civil Procedure section 918), and the Court of Appeal may stay proceedings or suspend or modify an injunction while the appeal is pending (Code of Civil Procedure section 923). Until a court does that, acting as though the order were paused could mean violating an order that is still in effect.

What this means in practice

  • Get the signed order and any notice of entry or proof of service. The appeal clock runs from those documents and the entry date, which may differ from the hearing date.
  • Do not wait to decide. The 60 day periods run quickly and generally cannot be extended.
  • Keep obeying every term of the order while the appeal is pending unless a court has expressly stayed it.
  • If you want the order paused, ask the trial court or the Court of Appeal for a stay; do not assume one.

Next steps

A restraining order that runs for years can shape your life well past the hearing itself, so an appeal deadline missed by even a few days can end your options. Call the Law Offices of David S. Chesley at (800) 755-5174 to discuss your order, the notice date, and whether the firm can assist with the appeal or coordinate with appellate counsel.