CALIFORNIA FAMILY LAW
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Domestic Violence
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DVPA: Protective Orders/TROs
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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.