How to Renew a Restraining Order
Filing a restraining order can provide peace of mind for someone who is being threatened or harassed. However, a court-ordered injunction may not last forever. Renewing a restraining order is vital in staying safe and secure from potential dangers. Therefore, it’s imperative that you know how long an order lasts and how to renew it.
The Different Types of Restraining Orders
In California, there are several types of restraining orders you can apply for, depending on the circumstances:
- Domestic violence restraining orders are for individuals who have been abused by someone with whom they have a close relationship, such as a spouse, former spouse, cohabitant, or the other parent of the victim’s child.
- Civil harassment restraining order is for cases when the abused person does not have a close relationship with the abuser.
- Elder or dependent adult abuse restraining order is for elderly persons or dependent adults who are victims of physical or financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.
- Employers can apply for a workplace violence restraining order if their employee has experienced violence or credible threats of violence at the workplace.
How Long Does a Restraining Order Last?
Law enforcement can issue an emergency protective order (EPO) lasting up to 7 days when immediate protection is needed.
When a person first petitions the court for a restraining order, they are typically issued a temporary restraining order that stays in effect until their full court hearing.
After the court hearing, a permanent restraining order (PRO) may be granted that can last up to five years.
What Happens When a Restraining Order Expires?
There are no automatic extensions for an expiring restraining order in California. When it expires, the legal protections provided by that order cease to exist. The restrained person is no longer legally barred from contacting the protected individual.
Therefore, you will need to file a request to renew your restraining order before the current order ends.
The first thing you need to do is fill out a Request to Renew a Restraining Order and the Notice of Hearing on Request to Renew a Restraining Order. Once you complete them, you must file them at the courthouse where you had your initial hearing.
The clerk will give you the date for a hearing, and papers will need to be served to the person from whom you are seeking protection. You will need to attend the court hearing, and if the judge grants your request, your protection order will be extended an additional five years.
Contact LPEP Law For Help
Renewing a restraining order is an essential step in protecting your rights and safety. A legal professional can assist you with the legal forms and the court process. Our team at Lonich Polich Ehrlich Policastri has extensive experience helping people in difficult situations. Our caring staff believes that everyone has the right to feel safe. Contact us at 408-553-0801 or complete this form for a free 30-minute consultation. We can provide advice and guidance on renewing your restraining order so you can have the protection you need.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gina Policastri
Gina Policastri is a Family Law Specialist as certified by The State Bar of California Board of Legal Specialization, and partner at Lonich Patton Ehrlich Policastri, where she has worked since graduating from Santa Clara University School of Law. Gina was one of the firm’s first associates and, during her 15 year tenure, has been instrumental in growing the firm into one of the largest family law firms in California.
