How Long Do Domestic Violence Restraining Orders Last in California? A Complete Legal Guide to DVROs

Unfortunately, Domestic Violence Restraining Orders (DVROs) can be very confusing, especially in duration. What needs to be understood from the outset is that there are three different types of orders.

The first order, which is given by law enforcement, is generally called an Emergency Protective Order (EPO). This is given by the law enforcement who, after responding to a domestic violence call, believes that domestic violence has occurred, but for whatever reason, the perpetrator is not present. This order gives the victim some protection and usually lasts 5 days, but they must go to court within that period of time to seek a more permanent, yet still temporary, restraining order.

The second type of DVRO is called a Temporary Domestic Violence Restraining Order (TRO). The TRO is issued after an initial hearing, whether or not the hearing is requested according to an EPO, wherein there has been a showing that domestic violence has occurred. The TRO is valid for 21 days or, if good cause appears to the court, 25 days from the date a temporary order is granted.

The third type of order is the more permanent (yet still not entirely permanent) restraining order. After a full hearing on a restraining order and the order request is granted, whether or not the TRO was granted, the court can issue a restraining order under Family Code §6345 for up to 5 years. In addition, before the expiration of the 5 years, the order may be renewed upon the request of a party, either for five years or permanently. Further, the order can be renewed without a showing of any further abuse since the issuance of the original order. However, the request for renewal on the restraining order may be brought at any time within the three months before the expiration of the initial order.

The bottom line is, there are several periods that a restraining order can last. This can be a very confusing area, especially to someone who just wants to have some assurance of safety and freedom from abuse.

What Is a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order (DVRO) is a legal directive issued by the family court to protect victims of abuse or threats from someone with whom they share an intimate or familial relationship. DVROs are enforceable by law and are designed to prevent further abuse, ensure the safety of the victim, and provide structured legal consequences for violations. The restraining order may include several protective elements: no-contact directives, residence exclusions, and even child custody provisions.

Types of DVROs in California: A Detailed Breakdown

Emergency Protective Order (EPO)

An EPO is issued quickly in urgent situations, often by a police officer in communication with a judge. It offers temporary but immediate protection for victims and is primarily intended to provide a legal buffer until more formal steps can be taken in court. These are especially useful when the abuse has just occurred, and there’s an ongoing risk to the victim’s safety. The EPO typically lasts only five business days or until the next court session.

Temporary Restraining Order (TRO)

A TRO is issued after the victim submits a formal request in family court, usually accompanied by a declaration describing the abuse. TROs are provisional but important; they serve to maintain protection until a hearing can be held for a more extended restraining order. Courts typically grant TROs based on the immediate need for protection and the strength of the initial evidence. These orders can last 21 to 25 days, depending on the court’s schedule and any continuance granted.

Long-Term DVRO (Permanent Order)

Following a formal court hearing, the judge may issue a long-term DVRO that can last up to five years. The judge will review all presented evidence and witness testimony before making a decision. While these are referred to as “permanent,” they are subject to expiration unless renewed. California Family Code §6345 allows for renewal of the restraining order for another 5 years,or permanently,without the necessity of demonstrating new incidents of abuse. Renewal requests must be filed within the final three months before expiration.

What Happens If the Court Denies My DVRO Request?

If a court denies your DVRO request, it does not necessarily mean your claim is unfounded. The denial might result from insufficient documentation, lack of immediate threat, or jurisdictional issues. You may still file an amended request, obtain legal representation to strengthen your case, or explore alternative protective options like a Civil Harassment Restraining Order or Criminal Protective Order. Rejections are not the end of the road; they often signal the need for a more robust presentation of evidence or a different legal remedy.

Comparing DVROs to Other Restraining Orders

There are several types of restraining orders available in California, each tailored to specific situations:

• Civil Harassment Orders: For protection from neighbors, roommates, coworkers, or other non-domestic individuals.
• Elder or Dependent Adult Abuse Orders: Tailored for abuse involving vulnerable seniors or dependent adults.
• Criminal Protective Orders (CPOs): Issued through the criminal justice system and often initiated by the District Attorney.

Understanding the distinctions can ensure that you seek the most appropriate legal protection based on the nature of your relationship with the abuser and the specific abuse scenario.

DVROs and Family Law Intersections

DVRO and Child Custody

When children are involved, the court can incorporate temporary child custody and visitation terms into the restraining order. This is done to ensure that both the child’s and the victim’s safety is prioritized. The court may award sole legal or physical custody to the protected party and limit or supervise visitation for the restrained person.

DVRO in Divorce Proceedings

Often, DVROs accompany divorce filings, especially in abusive marriages. A DVRO can affect decisions related to alimony, asset division, and property possession. Having a restraining order on file may also influence court assessments of a spouse’s credibility or behavior in legal proceedings.

The Legal Process of Obtaining a DVRO

1. Filing the Request: Victims begin by submitting form DV-100 and accompanying declarations to the family court.
2. Receiving a TRO: If the court deems the situation urgent, a TRO will be issued without notifying the abuser initially.
3. Serving the Abuser: Legal documents must be formally served to the alleged abuser, often by law enforcement or a third party.
4. Court Hearing: A hearing is scheduled within 21–25 days to evaluate evidence and decide on a long-term order.
5. Enforcement and Renewal: Once granted, DVROs are enforceable by law. Victims must apply for renewal within the final 3 months before expiration.

Enforcement and Violation of a DVRO

Violating a DVRO is a criminal offense and may lead to immediate arrest, fines, or jail time. Law enforcement officers can enforce the order without needing additional court approval. Victims should document any violations and report them to the police immediately. Courts may also modify the restraining order, escalate consequences, or apply additional restrictions following a violation.

DVRO Expiration and Renewal: What You Need to Know

A long-term DVRO doesn’t automatically extend beyond its initial expiration. To ensure continuous protection, victims must request a renewal before it ends. This can be done as early as three months before expiration. California law supports renewal even if no further abuse occurred, recognizing that the fear and trauma of the original abuse may remain a threat.

Frequently Asked Questions (FAQs)

Can I get a DVRO if we are not married?

Yes. DVROs apply to individuals in romantic relationships, those who cohabitate, or those with children together. Marriage is not a requirement.

What should I do if I feel unsafe but don’t have proof?

You can still apply for an EPO or TRO and submit a declaration. The court will evaluate the totality of circumstances, not just physical evidence.

Is there a fee to file a DVRO?

No. Filing for a DVRO in California is free for the victim.

Can a DVRO help with eviction?

In some cases, yes. A DVRO may include a “residence exclusion order” forcing the abuser to move out of the shared residence.

When the DVRO Ends: What Are Your Options?

When a DVRO nears expiration, it’s crucial to prepare early. Victims may:

• File for renewal under Family Code §6345
• Transition to other forms of legal protection
• Update safety plans
• Pursue counseling or legal follow-up

Ignoring the expiration date could expose the victim to renewed risks, so proactive legal steps are essential.

Why Trust Reape Rickett With Your DVRO Case?

Reape Rickett is a leading California-based family law firm with deep expertise in domestic violence protection. We have represented hundreds of clients in sensitive and complex restraining order cases.

Our services include:

• Helping you file and serve your DVRO request
• Preparing compelling declarations and evidence
• Representing you at hearings
• Advising on renewals, custody implications, and long-term protection

Let us help you take legal control of your safety. Contact Reape Rickett today via divorcedigest.com to schedule a confidential consultation and ensure your protection is backed by experience, empathy, and strength.

Final Thoughts

Domestic Violence Restraining Orders are more than just legal papers; they are shields of safety. Understanding the different types, their durations, and your rights to renew or enforce them is crucial to safeguarding yourself and your family.

Don’t navigate this process alone. Whether you’re facing an immediate threat or seeking long-term protection, the team at Reape Rickett is here to guide you every step of the way.