CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........After Hearing
............Duration/Renewal
8 Cards On This Topic:
  • Restraining orders may last up to 5 years; duration is 3 years if duration not stated in order; may be renewed permanently.
  • Renewal of TRO under CCP 527.6(j)(1) is not automatic; court has discretion whether to renew it and what its duration is to be.
  • Given the facts underlying the initial DVRO and the lack of changed circumstances, trial court abused its discretion in denying the request to renew the order.
  • Error to deny permanent renewal of DV TRO where FC 6345 allows renewal without a showing of any further abuse and only a fear of abuse is required by Ritchie v. Konrad.
  • To extend contested DV TRO, judge must determine that the protected party entertains a "reasonable apprehension" of future abusive conduct.
  • The violation of a restraining order is enough to warrant its renewal.
  • Trial court erred in renewing DRO for two years rather than the five years required by FC §6345 (a).
  • No abuse of discretion in denying D's application to terminate DV restraining order where no material change in law or fact, and he did not establish the ends of justice required a termination of restraining order.