In California, a restraining order can provide immediate and long-term protection for individuals facing threats, abuse, harassment, or violence. While many people seek this legal remedy in moments of crisis, it’s equally important to understand how long that protection lasts and what steps must be taken to extend it if needed.
Whether you’re considering filing or have already obtained a restraining order, knowing the timeline can help you feel more secure and prepared.
Types and Duration of Restraining Orders in California
California courts issue different types of restraining orders depending on the urgency and nature of the threat. While each type offers varying levels of protection, the goal is the same: to help safeguard individuals from abuse, harassment, stalking, or violence.
Knowing which type applies to your situation and how long each one lasts can help you take the proper legal steps at the right time.
Emergency Protective Orders (EPOs)
These are typically issued by law enforcement in response to an immediate threat, often at the scene of a domestic violence incident. An officer can contact a judge at any time of day to request an EPO, which takes effect immediately.
These orders are short-term, lasting up to five business days or seven calendar days, whichever comes first. EPOs give the protected person time to pursue a longer-term order through the courts.
Temporary Restraining Orders (TROs)
After filing a request for protection, a judge may issue a TRO if there is enough evidence to support that the person is in danger. A TRO bridges the gap between the initial request and the court hearing, typically lasting between 20 and 25 days.
It provides critical protection during the early stages of a legal case and helps prevent contact or harm while the court reviews the facts.
Permanent Restraining Orders (PROs)
If the court determines after a hearing that ongoing protection is needed, it can issue a permanent restraining order. Despite the name, these are not indefinite. In California, a PRO may be granted for up to five years.
If the order is set for a shorter period or if safety concerns persist as the expiration date approaches, the protected party can request that the court renew it. This request must be made before the current order expires.
Each type of restraining order has distinct requirements and timelines, but all are designed to provide legal protection and peace of mind. If you currently have a restraining order in place, be mindful of its expiration date and take action early if a renewal is needed. Missing that window could leave you unprotected. Seeking legal support can ensure that you understand your rights and follow the proper procedures to maintain uninterrupted safety.
Renewing a Restraining Order
In California, a protected party can request to renew a restraining order within the last three months before it expires. The renewal process does not require a new incident of abuse or harassment to occur. Instead, the court evaluates whether continued protection is reasonably necessary.
If granted, the renewal can be for an additional five years or be indefinite in some cases. This ongoing protection can be critical for survivors of domestic violence or stalking who fear their safety may still be at risk even after several years.
What Happens If a Restraining Order Expires?
Once a restraining order expires, the legal protections it offers end immediately. This means the restrained person can legally contact or approach the protected individual unless another form of protection is in place. If you still feel unsafe when your restraining order is nearing expiration, it’s essential to act quickly by filing for a renewal or consulting with a family law attorney to explore your options.
Failing to renew on time may result in having to restart the entire legal process, including presenting evidence and scheduling a new hearing.
Enforcement and Violation Consequences
A restraining order is legally enforceable as soon as it is served to the restrained person. Violating the order, whether by contacting the protected person, approaching their home or workplace, or sending messages, can result in serious consequences.
Violations may lead to:
- Arrest
- Criminal charges
- Fines
- Jail time
California law takes these violations seriously, and courts have little tolerance for individuals who disregard a court order designed to protect another person. If the protected party suspects a violation, they should report it immediately to local law enforcement.
Restraining Orders and Children
When children are involved, the terms of a restraining order may include specific provisions related to custody, visitation, and child safety. In these cases, the court prioritizes the best interest of the child while also ensuring the protected party’s safety.
If a parent has a restraining order against the other parent, the court may limit or supervise visitation. These terms are enforceable for the duration of the order and can be extended if necessary.
How Legal Support Can Strengthen Your Restraining Order and Ongoing Protection
While it is possible to file for a restraining order on your own, the process can often feel daunting, especially when your safety or your child’s safety is at risk. A family law attorney can help ensure that all paperwork is properly filed, represent you in court, and advocate for terms that reflect your unique situation. Legal guidance can also improve your chances of securing a longer-term order or obtaining a renewal before an existing one expires.
If you’re uncertain about how long your current restraining order will last or whether you need to take further action, speaking with an attorney can give you clarity and direction. California’s restraining order laws are designed to protect your well-being and offer peace of mind. However, taking timely legal steps is essential in maintaining that protection.
At The Law Offices of Bruce A. Mandel, we work closely with clients to help them understand their rights, prepare strong petitions, and take meaningful steps toward lasting safety. With over 30 years of experience in California family law, Bruce Mandel is here to guide you through the process and help you protect what matters most. Contact our office today to learn how we can assist you.
