How Long Does a Domestic Violence Restraining Order Last?
Posted in Domestic Violence on June 5, 2025
Seeking a domestic violence restraining order (DVRO) can provide legal protections to reduce the risk of future abuse, giving you peace of mind. But you may wonder how long domestic violence restraining orders last and whether this could be a permanent or long-term solution.
DVROs can last up to five years, but the court may extend or make them permanent if necessary to prevent future abuse. A divorce lawyer in Carlsbad can help you understand the different types of protective orders in California and the protections they provide.
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order is a court order mandating an abuser to stay away from and not contact someone whom they have previously abused or threatened to abuse.
This type of order applies to situations involving domestic violence, which is violence against a family member, cohabitant, romantic partner, or person with whom you have a close relationship, per California law. If the abuser is someone you do not have a domestic relation with, another type of restraining order might be a better fit.
A DVRO can protect you, your children, your property, and/or your pets against an abuser. It can order the restrained person to:
- Refrain from contacting you
- Maintain a certain distance from you
- Not harass, threaten, stalk, or harm the people protected by the order
- Move out of a shared home
- Not have guns, firearms, or other weapons
- Pay spousal support or child support
How Long Does a Domestic Violence Restraining Order Last?
The duration of a restraining order is an important consideration when determining whether to seek one. So, how long does a domestic violence restraining order last? These orders can generally last anywhere between three weeks and five years, depending on the evidence provided and the judge’s ruling.
DVROs often last less than five years. Courts typically limit the duration of restraining orders to ensure that continued protection is justified based on current circumstances. Ongoing restraining orders might harm a person’s reputation and inhibit their civil liberties, and the court does not want to prolong them unnecessarily.
With that said, you may have the opportunity to extend a restraining order if further protection is needed past the initial expiration date. A judge could extend the order for five years or even permanently, depending on the circumstances.
Temporary Restraining Order Timeframe
If you need protection right away, a temporary restraining order (TRO) can provide immediate, temporary protection against an abuser until your DVRO hearing. This type of order is obtained through the court, rather than being immediately granted by a law enforcement officer, as is the case with an emergency protective order (EPO).
TROs typically are only valid for a few weeks. If you only have a TRO, talk to a family law attorney about seeking a full DVRO through a court hearing.
How To Extend Your DVRO Beyond Five Years
If you wish to extend an existing domestic violence restraining order, you must initiate the process at least one to two months before the order expires to ensure that the hearing takes place while it is still active. If your initial DVRO has expired, you may need to restart the process by filing a new petition. You also risk a temporary lapse in protection.
Both you and the restrained person can file to modify the DVRO if you want to change its terms or feel it is no longer necessary. This is also the process for extending the DVRO length.
You will need to fill out certain forms to renew the order, which are available online through the California Courts website. While you generally do not need to prove that there has been further abuse to receive an extension, you do need to show a “reasonable apprehension of future abuse.” In other words, you should provide evidence showing why you are still fearful of your safety with this person.
You would then need to have your abuser served with these forms, notifying them of your intent to extend the DVRO. The court would hold a hearing, allowing you and the restrained person to present evidence of why the order should or should not be granted.
If the other party does not attend the hearing, the judge may grant the renewal based on the evidence provided, as the restrained person has not objected to it. In this case, you would also need a copy of the order served to the restrained person to notify them of the extension.
Are There Any Permanent Restraining Orders in California?
California restraining orders typically do not start out as permanent orders of protection. Restraining orders involve inhibiting a person’s liberty and freedom to go where they wish. The court does not take these orders lightly and would not want to restrain a person’s movements without just cause.
However, under California Family Code Section 6345(a), a judge can renew a DVRO for either “five years or permanently,” upon the request of a party. This means that in some cases, a judge could order a permanent DVRO after an initial order has already been granted and served.
Many people falsely believe that a DVRO is automatically permanent because it offers extended protection compared to a temporary restraining order. However, many DVROs last only weeks or months, depending on the circumstances of the case and the need for ongoing protection.
What If Someone Violates a DVRO?
If the restrained person violates the domestic violence restraining order by contacting you, showing up at your home, stalking you, or coming within close proximity of you, contact your attorney or local law enforcement to report this violation.
Violating a DVRO is a crime. The restrained person can be charged with a misdemeanor, resulting in up to a year in jail, up to $1,000 in fines, or both. If the violation involves threats or violence or is a second offense, the restrained person might face more severe consequences, such as up to three years in jail and/or fines up to $10,000.
Violations of an existing restraining order could act as evidence of “reasonable apprehension of future abuse,” especially if the person’s interactions with you were threatening. The restrained person cannot claim that they did not know about an extension to the DVRO, as they would have been officially served with the updated documents had they not attended the hearing.
Seek Legal Assistance With Domestic Violence Restraining Orders
Pursuing a domestic violence restraining order (DVRO) involves the family court rather than the criminal court. Seeking legal assistance from a family law attorney can help you navigate this process. While you do not legally need an attorney to file a DVRO, legal counsel can help you understand this order and answer any questions you have.
Ratzer | Dobis provides assistance with a wide range of family law matters, including protective orders, mediation, and litigation. We offer guidance and legal support for those considering filing a DVRO or seeking to extend their existing DVRO permanently. We can answer “How long do domestic violence restraining orders last?” and help you understand the protections in place with an existing order as well.
For a free consultation, contact our attorneys at 858-793-7700.