Restraining orders protect individuals from abuse, harassment, stalking, or threats. A restraining order can offer safety and peace of mind as you move on with your life. However, these orders are valid for up to five years.
Anxiety, uncertainty, and rekindled fear might return when a restraining order expires. Fortunately, there are various legal remedies you can explore for ongoing protection. They include requesting a new order, renewing the existing one, and submitting criminal complaints.
You must take the appropriate action at the right moment and adhere to the relevant protocols when exploring these legal options. Renewing a restraining order or obtaining a new one is complex. Therefore, you will require expert legal insight. Your lawyer will ensure you understand your options and guide you through pursuing them.
Restraining Order Expiry in California
There are several types of restraining orders issued by California courts to protect victims of stalking, harassment, and domestic violence. They include:
- Domestic Violence Restraining Order (DVRO)
- Civil Harassment Restraining Order (CHRO)
- Workplace Violence Restraining Order
- Elder Abuse Restraining Order
The validity of a restraining order depends on the specific type. However, most orders last for up to five. After this time, the order expires and is no longer effective. Sometimes, a restraining order expires when the behavior that prompted its implementation has not ended.
Renewing Your Restraining Order
If your restraining order approaches expiry and you still need protection, you can renew it. However, a renewal is not automatic. You must follow these essential steps to ensure continued protection:
Know When Your Order Expires
You must check the expiration date on your current restraining order. The date is indicated on the original court paperwork near the end of the order. If you need continued protection, you must act before your current restraining order expires.
If you wait until the order expires, you must undergo the entire process of obtaining a new one. Up to two months before expiration, starting the renewal process allows you to fill out the forms, file them, and attend your court hearing.
Fill Out the Renewal Form
Complete the Request to Renew Restraining Order (Form DV-700) form to start the process. The form lets the court know of your intention to seek extended protection. You must also complete a Notice of Hearing on Request to Renew Restraining Order (Form DV-710).
You do not need to prove that new abuse or threats occurred. You only need to explain why you believe you still need protection. You obtain these forms online at the California Courts website or in person at your local courthouse.
Make Copies and File the Forms
After filling out the forms, you should make at least three copies: one for you, one for the restrained person, and one for law enforcement. You can then file the forms with the court where the original order was issued. There is no filing fee for renewing a restraining order.
Receive a Court Date
After receiving your forms, the court will set a hearing date. The court schedules the hearing before the expiration of your current order. The court clerk will stamp your forms with the date and time of your hearing and give them back to you.
Serve the Other Party
You must serve the restrained person with the stamped copies of your renewal request and hearing notice. A professional server or a law enforcement officer must hand-deliver the forms. Unless the judge allows fewer days, these forms must reach the restrained person at least five days before the court date. The person who serves the papers must fill out a Proof of Personal Service (Form DV-200) and return it to you to file with the court.
Attend the Court Hearing
If you request a restraining order renewal, you must prepare adequately for a successful outcome. On the day of your hearing, you must bring:
- A copy of your original restraining order
- Evidence of continued fear or danger
- A timeline of any recent events
- Witnesses or affidavits
- Other evidence that supports your need for continued protection
The following are some of the tips you can explore when navigating a restraining order renewal hearing :
- Speak clearly and stay calm.
- Stick to facts when explaining why you believe you are still at risk.
- Prepare to respond to arguments from the respondent.
The judge may ask you questions, and the restrained person has the right to attend and respond. If the judge agrees you still need protection, they can renew the order for another fixed period.
File the Renewed Order and Distribute Copies
The court will issue a new restraining order if the judge grants the renewal. When you collect the certified copies of the order, you must give one to your local police department. The length of a restraining order renewal can vary widely depending on the nature of the case.
Sometimes, you will receive an order lasting up to five years. The renewal is permanent if the court determines a lasting threat to your safety. In cases involving children, courts thoroughly review the facts before granting a permanent extension. Judges may consider the family dynamic and any impact the situation could have on the child’s well-being.
Factors Considered When Renewing a Restraining Order
Courts recognize that threats to a person’s safety do not always end when the initial order expires. If you still feel unsafe, you can request the court to renew your restraining order. For a restraining order to be renewed, you must appear before a judge and explain the need for ongoing protection.
Fortunately, there is no requirement to prove that new incidents of abuse or harassment have occurred. The court can renew your order if you prove that the original threat still exists and you fear for your safety. A judge considers the following factors when reviewing your request for a restraining order renewal:
- The basis for the restraining order. These incidents or behaviors led the court to issue the initial order.
- Ongoing fear. The court will consider whether you still feel afraid or anxious about the possibility of future harm.
- Whether the respondent has violated the order. Attempts by the restrained person to contact you weigh heavily in favor of a renewal.
- Recent incidents or threats. Recent harassment or threatening behavior can strengthen your case and favor your request for a renewal.
- Stalking or indirect contact attempts. The court takes indirect contact seriously when reviewing a request to renew a restraining order.
Additional Considerations When Renewing a Restraining Order in California
Restraining orders last for up to five years. You can replace or renew a restraining order if you are at risk of harm after five years. However, several practical and legal nuances may influence the outcome. These additional considerations include the cost, duration, and impact on related legal matters. They include:
No Fee for Renewal
There is no court filing fee for renewing a domestic violence restraining order in California. The provision ensures that financial limitations do not obstruct continued protection. A fee may apply for civil harassment restraining orders. However, you can petition for a fee waiver due to low income or other hardship. Courts provide a Fee Waiver Request form (FW-001) for this purpose.
Duration of Renewal
The court can renew your domestic violence restraining order for five years or permanently. A permanent restraining order will remain in effect until the protected person or the court modifies or terminates it.
Renewals generally last up to five years for other types of restraining orders. However, the court may modify the duration based on the circumstances of the case. You should state your desired renewal length when filing your renewal request.
Impact on Custody and Support Orders
When issuing a DVRO, the court can order continued child support and alimony payments. Additionally, it can include a custody and visitation plan. Expiration of a restraining order does not affect child custody, visitation, and alimony orders.
However, these orders are not automatically renewed with the restraining order. If you need continued or modified custody, you can file additional family law motions to address these issues.
Legal Representation
Renewing a restraining order is as complex as the initial application. Therefore, you will require a skilled attorney. In most cases, the restrained person can contest the renewal, further complicating the matter. Your attorney can help you:
- Complete forms correctly
- Gather appropriate evidence.
- Present a compelling argument in court.
Some counties in California also offer domestic violence advocacy programs that provide free or low-cost legal support.
What Are My Legal Options When the Court Denies My Restraining Order Renewal Request?
Renewing your restraining order is urgent, especially when you are still at risk of harassment or violence. However, the court does not grant all petitions for a renewal. Denial of a restraining order renewal request can cause anxiety and distress. The judge's decision does not mark the end of your legal protections. The following are standard legal options you can pursue:
File a New Restraining Order
You can still file a new restraining order if the judge denies your request to renew. You can use new incidents of harassment, threats, abuse, or stalking to justify your petition. Courts require you to prove recent behavior that justifies a fresh order. It might include:
- New threats from the restrained person or attempts to contact you
- Unwanted visits to your home or workplace
- Digital harassment, including emails, texts, or social media
- Third-party contact attempts
The burden of proof for obtaining a new restraining order is slightly higher the second time. You can use documented incidents or police reports to strengthen your new petition. While pursuing a second restraining order, you will need legal guidance. Your lawyer will help you create compelling arguments to meet the high standard that the court requires.
Appeal the Court’s Decision
In some jurisdictions, you have the legal right to appeal a court’s decision to deny the renewal of a restraining order. Appeals are not re-hearings for your case. Instead, they facilitate examining whether the judge made a legal error or abused their discretion. Appealing a denied restraining order renewal requires you to:
- File a notice of appeal within 30–60 days of the court's decision.
- Obtain a transcript of the original hearing.
- Submit a legal brief outlining the error.
Seek a Civil Harassment or Stalking Injunction
If your original restraining order was based on domestic violence and the relationship ended, you no longer qualify under that category. However, you may be eligible for a civil harassment restraining order or anti-stalking injunction.
Unlike domestic violence restraining orders, these do not need evidence of a personal or romantic relationship with the respondent. They are appropriate for neighbors, coworkers, acquaintances, or former partners.
Consider Criminal Complaints or Law Enforcement Support
You can pursue protection through the criminal justice system if harassment or stalking continues after the restraining order expires. Harassment, stalking, and threats are criminal offenses even without a civil order in place. After a denial of a restraining order renewal, you can:
- File a police report for any ongoing or new harassment incidents.
- Request law enforcement to document violations of expired orders.
- Ask a prosecutor to consider filing charges if the conduct rises to a criminal level.
Making criminal complaints does not need a restraining order. However, it can lead to criminal protective orders or probation conditions that keep you safe.
Find a Knowledgeable Restraining Order Lawyer Near Me
Courts in California issue restraining orders upon request by victims of stalking, harassment, or violence. A restraining order prohibits the restrained person from contacting or abusing the protected person. An expired order no longer serves its intended purpose. Restraining orders might expire even if the threat of injury still exists.
In this case, you can petition the court to renew the order. Renewing your restraining order, filing a request with the court, and serving the respondent. The court will then schedule a hearing. You must present sufficient evidence at the hearing to prove that the threat still exists. You can file a new order if the court denies your renewal request.
Understanding your options and following the correct procedures ensures that you remain protected. If you seek a restraining order renewal in California, you will benefit from our expert legal insight at Goldman Flores Restraining Order Law Firm. Call us at 213-341-4087 to discuss your case.
