Permanent Restraining Orders

If a judge grants your request for a restraining order, the judge can only make that restraining order last for a maximum of five years. California Family Code Section 6345(a).

Though you may not know it, Domestic Violence Restraining Orders (“DVRO”) are NOT permanent. They come with an expiration date. If a judge grants your request for a restraining order, the judge can only make that restraining order last for a maximum of five years. California Family Code Section 6345(a). However, upon the request of a party, that domestic violence restraining order can be renewed, “either for five years or permanently, without a showing of further abuse since the issuance of the original order.” California Family Code Section 6345(a).

Permanent restraining orders are civil court orders and are among the most severe types of protection orders, sometimes lasting for years or even a lifetime depending on the jurisdiction.

But, this further, or even truly “permanent” DVRO, is not automatically granted. Restraining a person’s liberty (freedom to move about as they wish, where they wish) is not something that the Courts take lightly. Rather, unless the restrained person does not object, the protected person must show a “reasonable apprehension of future abuse”. Permanent restraining orders require the restrained person to stay away from the protected person’s residence, workplace, and children’s schools.

In the case of Richie v. Konrad (2004) 115 Cal.App.4th 1275, a woman was granted a restraining order against a man who was her fiancé. The parties moved to separate states after the granting of the restraining order, but before the expiration date, the woman then asked the Court to renew the restraining order permanently. The trial court granted the permanent renewal on the basis that California Family Code Section 6345 only required the protected party to request a renewal.

The appellate court reversed and set forth the standard that in granting a renewal for a Domestic Violence Restraining Order, that the protected party must show a “reasonable apprehension of future abuse.” That is, evidence that demonstrates there is sufficient risk of future abuse to find the protected party’s apprehension is genuine and reasonable.

The court set forth a series of factors in determining whether the “Reasonable Apprehension” test is satisfied. First, the Court may look at the existence of the initial Domestic Violence Restraining Order and the facts which led to its granting. This is not a conclusive evidence of reasonable apprehension of future abuse but is relevant and may in fact be enough to provide the necessary proof to satisfy the Reasonable Apprehension test.

Secondly, another factor is whether there have been any significant changes in circumstances surrounding the event justifying the initial protective order since that original order went into effect. Have the parties moved away or on with their lives so that an opportunity for future abuse has diminished to the degree the court may no longer support a renewal? Or have circumstances remained substantially the same from before the restraining order? Or perhaps have circumstances changed so that the chances of domestic violence are increased?

Another consideration, though by themselves may not justify the denial of a renewed Domestic Violence Restraining Order, is the burden faced by the restrained party. A Domestic Violence Restraining Order carries with it real consequences, such as the social stigma which may affect employment and future relationships. Permanent restraining orders can impact child custody and visitation rights significantly, and may require the restrained person to fulfill any child support or spousal support obligations. Also, where there are children involved, the restraining order may have a negative effect on child custody. Then there is the prohibition against owning firearms, which may negatively impact the restrained person’s employment, safety or simply their lifestyle. Restraining orders can appear in background checks, potentially affecting employment opportunities. However, the more likely that physical abuse is, the lesser the weight this factor is given.

Violating a permanent restraining order can result in criminal charges, fines, or jail time.

In a recent case, In re Marriage of Martindale and Ochoa (2018) 30 Cal.App.5th 54, the wife was not granted a renewed permanent Domestic Violence Restraining Order because the Court there found that she had no reasonable apprehension of future abuse. The Court heard testimony of how the husband would leave the area immediately after seeing wife, and otherwise took care to not be in places where wife may be found. In fact, the Court found significant that wife joined a gym while knowing that husband was a member, demonstrating that she did not have an apprehension of future abuse, as well as the fact that when husband went into a bar that had wife inside it, husband immediately left but wife took the time to insult and defame husband to other bar patrons.

The legal standard for renewal requires that the protected party show a reasonable apprehension of future abuse. The criteria for granting a permanent order include crimes such as domestic violence, stalking, harassment, and credible threats of violence that create a reasonable fear for safety. In California, domestic abuse is defined as physical harm, sexual abuse, or threats of physical harm. California law also recognizes that abuse can include threatening behavior such as stalking, harassment, or destruction of property. Even if physical harm never occurred, attempts or threats of harm can still constitute abuse under California law.

Obtaining a permanent restraining order involves filing a petition detailing abuse or harassment and proving the need for long-term protection at a contested court hearing, often using standardized family law forms required by California courts. Both parties are notified and have the opportunity to present their case in a formal hearing. During the hearing, both parties may call witnesses and present evidence, and the judge decides whether to grant or deny the order based on the evidence and arguments presented. Judges will listen to both sides during the hearing, especially if the respondent (the other party) comes prepared. It is advisable to seek legal representation from an experienced attorney when filing for a permanent restraining order to effectively present your case and protect your rights, and many firms offer a free initial consultation for family law and divorce cases in Orange County. Legal guidance is crucial for both petitioners and respondents in restraining order cases to ensure their rights are protected and to navigate the rules and procedures involved.

Both Permanent Restraining Orders (PROs) and Temporary Restraining Orders (TROs) prohibit contacting, visiting, or harassing the protected party, and violation can lead to immediate arrest and potential jail time. If you are served with an Emergency Protective Order (EPO) or Temporary Restraining Order (TRO), do not ignore it as violating the order can result in criminal charges. A Temporary Restraining Order (TRO) is designed to prevent escalation and preserve safety while giving the accused party the opportunity to respond, and TROs can last up to 30 days until a full hearing is held. Emergency Protective Orders (EPOs) are issued by law enforcement officers and provide immediate protection from abuse or violence, and are typically short-term and a precursor to longer-term orders like TROs or DVROs. Temporary Restraining Orders (TROs) are issued by judges and are designed to provide short-term protection until a full hearing can be held.

Permanent restraining orders are issued by a judge after a formal hearing where both parties can present their case, and if the abuser does not show up to court, the case can proceed without their input. The process to obtain a permanent restraining order includes filing a petition, potentially obtaining a TRO for immediate protection, and a hearing where a judge reviews evidence. The judge must determine that the depiction of abuse conforms with California’s statutes defining domestic abuse before issuing a restraining order.

Permanent restraining orders can apply to a range of relationships, including spouses, ex-partners, parents, and other close family members. The rules and procedures for restraining orders are governed by California law and family court, and understanding these rules is important for both parties. The judge has the authority to grant or deny the request for a permanent restraining order based on the evidence presented. The judge’s decision is final unless appealed, and the judge evaluates the validity of the case and whether the situation calls for ongoing protection. Restraining orders are civil in nature, but violations can result in criminal charges. Restraining orders are often triggered by crimes such as domestic violence, stalking, or harassment, and are intended to protect individuals from danger.

The process involves a formal hearing where both parties can explain their side, call witnesses, and present evidence. The judge decides whether the criteria for a permanent order are met, and may deny the request if the evidence is insufficient. Permanent restraining orders can be renewed if the protected person still feels threatened, and the order can last up to five years in California. Restraining orders can have long-term consequences, including restrictions on firearms, impact on background checks, and limitations on contact with children and family members.

All this is to say that your actions during the time that a Domestic Violence Restraining Order is in effect can have consequences that bear on its potential likelihood of renewal.

You can also find out how legal changes may impact your child support payments via our child support calculator.

Introduction to Family Law

Family law is a specialized area of the legal system that addresses a wide range of issues affecting families, including divorce, child custody, child support, and domestic violence, and understanding key family law legal terms can make it easier to navigate these issues. When it comes to domestic violence, family law plays a crucial role in safeguarding victims and their children through the use of restraining orders. These legal protections are designed to prevent further abuse and ensure the safety of those at risk. In California, family law courts are responsible for handling cases involving domestic violence restraining orders, which can have a significant impact on child custody and child support arrangements. The process typically begins with a request to the court, followed by a court hearing where the petitioner must present evidence of abuse or threats. Understanding the basics of family law and the steps involved in seeking protection is essential for anyone facing domestic violence or related family law challenges, and in-depth family law insights can help people better anticipate how the court may respond.

Understanding Domestic Violence

Domestic violence, sometimes referred to as domestic abuse, encompasses a range of harmful behaviors—including physical, emotional, sexual, and financial abuse—between individuals in close relationships. This can involve spouses, partners, family members, or anyone with whom the victim shares a child. The effects of domestic violence are far-reaching, often impacting not only the immediate victim but also children and other family members. Under California law, domestic violence is taken very seriously, and victims have the right to seek a restraining order to protect themselves from further harm. These restraining orders can be temporary or permanent and may include strict no contact provisions, stay-away orders, and restrictions on the restrained person’s ability to possess firearms. The consequences of domestic violence are severe, and the law is designed to provide victims and their families with the protection and support they need to move forward safely.

Types of Restraining Orders

When seeking protection from domestic violence, it’s important to understand the different types of restraining orders available under California law. Emergency Protective Orders (EPOs) are issued by law enforcement in urgent situations and provide immediate, short-term protection—often lasting only a few days—until the victim can seek further legal remedies. Temporary Restraining Orders (TROs) offer protection for a limited period, typically until a full hearing can be held in family court, where both parties have the opportunity to present evidence. Permanent Protection Orders, sometimes referred to as permanent restraining orders, are issued after a full hearing and can last for several years, offering long-term safety for the victim. These orders can include provisions related to child custody, support, and other necessary protections. Understanding which type of protection order best fits your situation is a critical step in ensuring your safety and the safety of your children, and ongoing articles in a dedicated family law blog can provide helpful context about those options.

Eligibility for a Permanent Protection Order

To obtain a Permanent Protection Order in California, certain eligibility requirements must be met. The petitioner must demonstrate that they have been a victim of domestic violence, stalking, or harassment, and that there is a credible threat of future harm. The relationship between the petitioner and the respondent is also important—domestic violence restraining orders are generally available to individuals who have a close or intimate relationship, such as spouses, partners, or family members. To support a request for a permanent protection order, the petitioner must file the appropriate paperwork with the court and provide evidence of abuse, threats, or harassment. This evidence can include witness testimony, photographs, medical records, or other documentation that substantiates the claim. If the judge agrees that the petitioner is at risk, a permanent restraining order may be granted, offering ongoing protection and support for the victim and their family.