You felt threatened by someone and requested a restraining order against them, which the court granted. The restraining order can only last a specific period before it expires. You endured a grueling and challenging process, though a rewarding one that came with protection and, most essentially, peace of mind. However, what happens if the restraining order is about to expire? What options do you have? This blog explains.
Your Options Depend on the Level of Protection You Have
In California, the restraining orders that courts grant against abusers provide different levels of protection. Particularly, there are three different levels of protection based on the circumstances surrounding the case. These are emergency, temporary, and permanent. These levels of protection last a stipulated period before they expire. What you do when your restraining order is nearing expiration depends on whether you enjoy one of these levels of protection or the other.
Emergency Protection
Emergency protective orders (EPOs) provide this level of protection. Judges issue EPOs usually when responding to domestic abuse calls. A police officer responding to a domestic abuse call may contact the judge on call to request an EPO if they believe one or several persons need urgent protection from the abuser. If granted, the EPO goes into effect immediately. EPOs and emergency levels of protection last up to seven days.
If an EPO is near expiration and you still require protection from your abuser, your option will be to apply for temporary protection before the EPO expires. EPOs are non-renewable per se.
To obtain temporary protection, you must file the required paperwork in court, serve the abuser, and appear at a court proceeding. The paperwork you file will include the request form for temporary protective orders. After filing, you must have the restrained party officially served with those papers. Remember, you cannot serve the papers in person. You can request a sheriff or any other approved process server to do it for you.
Once you have served the paperwork, the court schedules a proceeding during which you and the restrained party can argue your cases. Prepare to explain why you require the protective order and submit any applicable evidence. Should the judge grant your request, they will issue a temporary protective order against the restrained party with particular terms. The order will remain effective longer than the emergency protective order, generally lasting twenty to twenty-five days.
A crucial consideration with this option is timeliness. It is essential to request temporary protection before emergency protection expires. This is so you can avoid gap protection. You want to seek legal counsel from an experienced lawyer if you are uncertain about what is involved in obtaining temporary protection.
Temporary Protection
Temporary restraining orders (TROs) provide temporary protection. They are appropriate for individuals facing harassment or those under the shield of EPOs nearing expiration. Most judges issue TROs if sufficient facts exist to show the need for a protective order. TROs last between 20 and 25 days before they expire.
If your TRO is almost expiring and you still need protection, one of your options is to request permanent protection. Generally, you will need to fill out some court paperwork detailing the harassment or abuse you have gone through and the reasons for still wanting protection. After filing your request, you must ensure you serve the restrained party with the court documentation. Remember, you do not serve the papers yourself; a process server or sheriff can do it for you, ensuring the restrained party knows about the hearing date and the accusations against them.
After serving the papers, the court will schedule a hearing that you and the restrained party must attend. They will listen to you and the restrained party and review the submitted evidence. To solidify or strengthen your reasons for wanting extended protection, collect evidence like photos, videos, police reports, texts, emails, or witness statements supporting your claims.
The court judge will then rule on whether or not to grant permanent protection depending on the submitted evidence and legal standards. Permanent protection can last 3 to 5 years, depending on the restraining order type. If the judge grants a permanent restraining order, it is essential to ensure the restrained party is appropriately served with the order to make it enforceable.
You want to consult a restraining order lawyer, particularly if your case is intricate or you need assistance collecting evidence or navigating the court process. If the protective order involves minors, there might be further steps, like appointing a guardian ad litem, particularly for minors under 12.
Permanent Protection
Permanent restraining orders (PROs) provide permanent protection. However, contrary to its name, a protective order is not permanent. Generally, it lasts three to five years. If a permanent restraining order is almost expiring and you still need protection against the restrained party, you can seek its renewal or extension. In this case, you must prove you face a reasonable fear of future abuse.
Renewing a PRO entails filing a renewal request before the expiration date of the original PRO. If it is a domestic violence restraining order, you can check the expiration date on form DV-730 or DV-130. You can request a renewal up to three months before the original PRO expires.
To request a PRO renewal, you must complete the necessary court forms, including the following:
- Request to Renew Restraining Order
- Notice of Hearing to Restraining Order (CLETS)
- Confidential CLETS information
After completing these forms, attach a copy of your present protective order. You can request your lawyer to review the forms. They can ensure you have filled them out correctly before filing them and continuing with the case.
After filling in the papers, file them in court. Give the court clerk the original papers and two copies. A judge will then review the forms, and the clerk will inform you when you can return to pick up your court papers. You can also file your paperwork online. This is known as e-filing. You will do e-filing on your court's website. In this case, the court will return your forms to you electronically.
Once you have filed your papers, the court will schedule a hearing date. The court will extend your PRO until this court date. During this court date, the court judge will determine whether or not to extend or renew your protective order for three, five, or more years.
After you receive a court date, you must request a sheriff, marshal, or any other process server to serve a copy of your court paperwork to the restrained party. You could also choose somebody else to serve the papers. Serving these papers informs the restrained party that you seek to renew the permanent protective order.
Once you have served the papers on the restrained party, you can prepare for court. Have the copies of your court papers read, plan what to say, and prepare any evidence. For example, if the restrained party violated the existing order in any way, bring that evidence to court. The evidence could include
- Medical records
- Police reports
- Photographs of the injuries
- Witness testimonies
You could also bring a support person who can sit next to you but cannot speak for you. Considering the intricacy of the process and the high stakes involved, you also want to have an experienced and knowledgeable lawyer by your side. They can increase the chances of having the restraining order renewed.
The judge will listen to both sides and review the submitted evidence during the court hearing. Then, they will decide whether to renew the order and the period for which they will extend it. The court will consider various factors when making its decision, including the following:
- Probability of future violence
- The seriousness of the threat
- The restraining party’s past conduct
If the judge finds enough evidence of continuous risk, it may renew the order. As mentioned, the judge may decide to extend the order for three or five years, or even permanently, based on the type of order involved and the circumstances surrounding the case. Should the judge renew the protective order, obtain a copy of the new order. You must then have someone serve a copy of the new order to the restrained party.
You Can Let The Order Expire, Then File for a New One
Usually, there is a timeframe within which you can request the court to renew your permanent restraining order. This period is up to three months before the expiration date of the original order. However, if you forget to renew the order for whatever reason and it expires, you can apply for a new restraining order. The disadvantage with this option is that there will be a gap in protection. You will no longer be protected until the judge grants you another protective order.
To request a new protective order, you must complete and file court forms afresh, as though you are applying for the first time. In those forms, you must detail why you require a protective order. A judge will then decide whether or not to grant you a TRO for immediate temporary protection.
After you have filed the forms with the court and received a court date, you will have copies of the forms served to the restrained party. Serving the papers informs the restrained party that you have requested a restraining order against them again. It also notified them of what they can or cannot do next (if there is already a temporary protective order against them).
A hearing will follow. During this proceeding, you can tell the judge your reasons for wanting a protective order. You can present your witnesses and evidence in favor of your case. The restrained party will also have the chance to tell their side of the story, present witnesses, and submit evidence. At the end of the hearing, the judge will decide whether or not to grant you a permanent restraining order. If they grant you the order, you must serve a copy of the order papers to the restrained party for it to be enforceable.
You Can Let The Order Expire Without Renewal or Reapplication
If your emergency or temporary protective order is about to expire, you can choose not to take any steps and let it expire. However, you can only choose this option if you are sure there is no threat against you anymore, or you have no reason to fear for your safety. This could be because you have ironed out your differences with the restrained party, and they are not a threat anymore. However, you should be careful, since once the order has expired, you will remain without protection, and the abuser may try to harm you again.
Similarly, if you obtained a permanent restraining order against an abuser and it is almost its expiration date, you can choose not to renew it. If you do not request a renewal, the order will expire on the stipulated date, and you will no longer have protection. So, if your permanent restraining order is near expiration and you still feel threatened or harassed, you want to renew the order for extended protection.
Find a Knowledgeable Restraining Order Attorney Near Me
Matters concerning restraining court orders are extensive. Among other things, your options when your restraining order is near expiration depend on the facts of your case. Most importantly, before your order expires, you want to consult an experienced restraining order attorney to determine your options and the ideal way forward.
At Goldman Flores Restraining Order Attorney Law Firm, our knowledgeable lawyers will advise you accordingly. We will evaluate the facts surrounding your case and let you know the best step you can take. If it is a renewal or reapplication, we will work with you and ensure you receive the best response from the court. We represent victims of domestic, workplace, elder, or dependent adult abuse and harassment seeking a protective order throughout California. That means, regardless of what state or city you are in within California, we will help you. Call us today at 213-341-4087 for a free, confidential consultation.
