Domestic Violence: Renewing Your Restraining Order

Posted August 18, 2020

When a court makes a domestic violence protection order there will be an expiration date after which the restrained person will no longer be restrained from communicating with or appearing within a defined distance of the protected person. That expiration date may be anywhere from several weeks to a maximum of five (5) years.

Once the order terminates, the previously restrained person is still not allowed to engage in abusive behavior, as with any other person of course. But what if the protected person is afraid that the other will still engage in abusive actions once the domestic violence restraining order expires?

Protected parties have the option of requesting a renewal of the restraining order any time within three (3) months before the orders expire. A renewal is not automatic, but if the court grants the request, the renewed order will be for a period of five (5) years or permanently effective.

What does the protected person need to prove to the court to be awarded a renewal order? The court may only renew a domestic violence protection order if the protected party can show that, more likely than not, the protected party has a genuine and reasonable fear that future abuse would occur without a restraining order in place. Remember that abuse does not have to be physical. Also, whether abuse has occurred since the original protective order was issued if irrelevant to the renewal.

Determining whether a person’s apprehension of future abuse is reasonable is highly dependent on the facts of each individual case. The analysis is necessarily both based on the person’s subjective point of view and an objective review of the circumstances. This is why you should discuss your proposed request for a renewal, or the other person’s proposed request to renew against you, with an attorney before preparing your case.

Further Reading » Child Custody in California: Understanding ATROS and Relocation

It is important to know your rights, responsibilities, and options regarding domestic abuse. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

If you are in need of immediate assistance, contact the National Domestic Violence Hotline

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Call: 1.800.799.SAFE (7233)

TTY 1.800.787.3224

ATROS, Domestic Violence

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.