A restraining order is meant to protect an individual from someone who intends to harm them. This creates a legal boundary that, if violated, may result in an arrest and criminal charges. In family law cases, these are most often related to domestic violence, but you may obtain one for several reasons. The Sherman Oaks domestic violence and restraining order attorney at Diaran and Bociaga is here to help you determine what is most appropriate for your situation.
Types of California Restraining Orders
The exact duration and the process to extend your restraining order heavily depend on the type you have. The different types of restraining order in California are:
- Civil harassment
- Domestic violence
- Elder or dependent adult abuse restraining
- Gun violence
- Workplace violence
Some of these, such as domestic violence and gun violence, may overlap, and it can be difficult to determine which is most suitable for your situation. This is where an attorney may be able to help. Most of them will last a few months to years from the issue date, depending on the situation and need.
How Long Does My Domestic Violence Restraining Order Last?
If you are trying to get a restraining order against a current or previous intimate partner, you will likely end up with multiple orders for different durations. If this is the result of an immediate threat or an incident that has already occurred, you may apply for an emergency protective order. This type of order may be done by contacting the police and typically lasts 5-7 days. This allows you time to file for a restraining order.
It is unlikely that you will get to talk to a judge right away, but in most cases, they will review your paperwork the same day or the next business day, and you may receive a Temporary Restraining Order (TRO), which can carry you over to the court date.
Once you take your case to court, the judge will determine whether to grant a restraining order, which can last up to 5 years.
Renewing or Extending Your California Restraining Order
If you have a domestic violence restraining order on form DV-130, you can ask to have it renewed or extended, as long as you do so before it expires. You can do this as early as three months before the expiration date, and there is no fee. However, you must be listed in item 1 of DV-130 or DV-730 to file the request, you cannot do it on behalf of someone else or have someone else do it on your behalf (unless it is your attorney).
To request the renewal, you must complete the request to renew a restraining order form. You will need to provide basic information about your situation and a narrative describing why you are afraid that your abuser may still abuse you in the future. If you are working with an attorney, you also have the option to request that your abuser pay some or all of your legal fees related to the order.
Once you have submitted the paperwork, you will need to prepare for court. This may include gathering any new evidence of the threat of abuse or times when your abuser violated the order.