Domestic violence restraining orders are incredibly helpful when you find yourself in a dangerous and abusive situation with some close to you. The court will grant these orders to you after an evaluation of the events leading up to you asking for a DVRO. There are various kinds of restraining orders – Emergency protective orders(EPO), temporary restraining orders(TRO), permanent restraining orders(PRO), and stay away orders. If you’ve already been granted a temporary restraining order, and are afraid for when it ends, how can you make it a permanent restraining order?
What is a Permanent Restraining Order?
A permanent restraining order is the strictest order in the state of California. Judges hand these out cautiously, and at their discretion. The circumstances which warrant a permanent order are usually severe, making acquiring one more challenging for victims. Don’t let this discourage you from seeking help. An experienced DVRO attorney can help you get the protection you need.
While a permanent restraining order isn’t actually permanent, it does last significantly longer than a temporary restraining order which spans 20-25 days on average. The span of a TRO depends on when your court date is scheduled. In California, a permanent RO can last up to 5 years. At that point, you can file for a new PRO with the courts to maintain protection.
Not only do PROs last longer, but they also have more severe consequences if the order is breached. A person who violates a PRO can be charged for each individual instance that they violated the order. So, if they violated the order 3 times, they can be charged with 3 separate counts. Violations can warrant penalties and fines, probation, and jail time.
During a permanent restraining order, both parties are prohibited from contacting one another for the duration of the order, even if the victim no longer wants the order. This means that the abuser can still be penalized if they communicate with the victim, even if they were not the one who initiated contact.
How To Make A TRO Permanent
After a judge has issued a temporary restraining order, a court date will be set by a judge. The victim will be protected until their court hearing (approximately 25 days). At this hearing, the victim and the accused abuser will both have a chance to present their case for why a PRO should or should not be granted. This is why having legal representation is so important. The victim will need to make a strong case for why a permanent restraining order should be put in place, as judges are very particular about granting these long term orders. If the victim does not show up to court, the temporary restraining order and its protection will end. If the accused does not show up, they will not be allowed to make a case against a PRO. The judge will make their decision without the input of the accused party. If the judge decides to put a PRO in place, they will determine the length of the order, having it last as long as 5 years.
If children are involved, you may file a restraining order on behalf of the child, or, if they are 12 years or older, they can file a RO themselves. Because of the nature of domestic violence in the case of children, PRO cases can often involve rulings on child custody and support.
If you need help in presenting your case for a permanent restraining order to the courts, or need help acquiring additional child custody orders in regards to PROs, get in touch with our San Jose restraining order attorneys. We have over 100 years of collective experience handling family law cases like TROs and PROs. Set up a free 30 minute consultation here. We also offer virtual consultations in light of COVID-19.