How Long Does a Restraining Order Last in California?
The short answer: A domestic violence restraining order in California lasts as long as the judge writes on the order, up to five years. If the order does not state a length, it lasts three years from the date it was issued. Before it expires, the protected person can ask the court to renew it for five more years or permanently, and the court can grant that renewal without proof of any new abuse. Temporary orders are much shorter and last only until the hearing. This guide explains each stage under Family Code section 6345 and how the timeline works in Riverside and San Bernardino County courts.
The Three Stages of a California Restraining Order
Stage one is the emergency protective order. When police respond to a domestic violence call, an officer can ask a judge for an emergency protective order under Family Code section 6250. That order is short by design. Under Family Code section 6256 it expires at the earlier of the close of business on the fifth court day after it is issued or the seventh calendar day.
Stage two is the temporary restraining order. The protected person files a DV-100 request, and the court can issue a temporary order on the same or next court day under Family Code section 6320 without notice to the other side. The temporary order, issued on form DV-110, lasts until the hearing. Family Code section 242 requires that hearing to be set within 21 days, or 25 days on a showing of good cause, and Family Code section 245 keeps the temporary order in effect when the hearing is continued. We cover what a petitioner must show in What Evidence Do I Need for a Restraining Order in California?.
Stage three is the restraining order after hearing. If the judge finds abuse under Family Code section 6203 by a preponderance of the evidence, the court issues a restraining order after hearing on form DV-130. This is the order people mean when they ask how long a restraining order lasts, and it is the one governed by Family Code section 6345. Our domestic violence restraining order attorney page and How Long Does a DVRO Take in San Bernardino County? cover the process and the local calendar.
How Long Does a Restraining Order After Hearing Last?
Up to five years, at the judge's discretion. Family Code section 6345 authorizes the court to issue the order for up to five years. In our experience at the Riverside Family Law Courthouse and the San Bernardino Justice Center, judges weigh (1) the severity and frequency of the abuse, (2) whether the parties share children and will have to deal with each other, (3) whether the restrained person violated the temporary order, and (4) whether the parties still live or work near each other.
Three years if the order is silent. Family Code section 6345 also fills the gap when a judge does not write in a length. If the DV-130 does not state a duration, the order lasts three years from the date it was issued. The expiration date printed on the form, not the date of the incident or the hearing, controls.
Either party can ask to change or end the order early. Family Code section 6345 makes every order subject to modification or termination by a later court order, either on a written stipulation or on a motion by one party. The request is made on form DV-300. The court looks at whether the reason for the order still exists, and the protected person's position carries significant weight.
Can a Restraining Order Be Renewed?
Yes, and without proof of new abuse. Family Code section 6345 allows the protected person to request renewal for five or more years, or permanently, and states that the renewal may be granted without a showing of further abuse since the original order was issued. The request must be filed within the three months before the order expires. A permanent order has no expiration date and stays in force until a court terminates it.
The renewal standard is reasonable apprehension of future abuse. In Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, the Court of Appeal held that when the restrained person contests renewal, the protected person must show by a preponderance of the evidence a reasonable apprehension of future abuse. The test is objective: the court asks whether a reasonable person in the protected party's position would fear future abuse, not whether the protected party is subjectively afraid. Later decisions such as Lister v. Bowen (2013) 215 Cal.App.4th 319 confirm that the original findings of abuse, any violations or contact during the order, and changed circumstances all factor into that analysis.
The renewal forms. The protected person files DV-700, the Request to Renew Restraining Order, and the court sets a hearing on DV-710. The restrained person may respond on DV-720, and the order renewing the restraining order is issued on DV-730. File early in the three-month window so the hearing takes place before the current order lapses, and ask the court to extend the existing order to the hearing date if the calendar runs past expiration. A restrained party preparing a response should read What Happens If a Restraining Order Is Filed Against You in California?.
What Happens When the Order Expires?
The protections end automatically. Once the expiration date passes without a renewal, the restrained person may lawfully contact the protected person, and law enforcement removes the order from the statewide CLETS database maintained under Family Code section 6380. The firearm prohibition under Family Code section 6389 ends with the order. A protected person who still fears the other party must file a new DV-100 and prove abuse from scratch.
The custody presumption can outlast the order. Under Family Code section 3044, a finding that a parent committed domestic violence within the previous five years creates a rebuttable presumption against awarding that parent joint or sole custody. That presumption runs from the finding, not from the expiration of the order, so it can affect a custody case even after the restraining order ends. We discuss how these findings play out in When Do California Judges Order Supervised Visitation?, How Do I Change a Child Custody Order in California?, and on our child custody attorney page.
Expiration does not erase the record. The court file remains public, and any violation that occurred while the order was active was a crime under Penal Code section 273.6 that stays on the restrained person's criminal record.
Timing in Riverside and San Bernardino County Courts
The statewide rules apply in every county. Whether the case is heard at the Riverside Family Law Courthouse, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, or the Rancho Cucamonga courthouse, the five-year cap, the three-year default, and the three-month renewal window are the same. What changes is the local calendar. Continuances of the initial hearing under Family Code section 245 are common in the Inland Empire, and each continuance extends the temporary order. Check the court's current website for filing cutoffs and hearing scheduling, and see our Riverside and Fontana pages for how we handle cases in those courts.
Frequently Asked Questions
Can a restraining order be permanent in California?
Yes, on renewal. Family Code section 6345 allows the court to renew a restraining order after hearing permanently. The initial order is capped at five years, so a permanent order is only available at the renewal stage.
Does a restraining order expire automatically?
Yes. The order ends on the expiration date printed on the DV-130 unless it was renewed before that date. If the protected person wants continued protection, the request to renew must be filed within the three months before expiration, and a new DV-100 is required after the order has lapsed.
How early can I file to renew a restraining order?
Within the three months before it expires. Family Code section 6345 sets that window. Filing at the start of the window gives the court time to hear the request before the order lapses and reduces the risk of a gap. The court can grant renewal without any new abuse if the protected person shows a reasonable apprehension of future abuse under Ritchie v. Konrad.
Can the restrained person ask to end the order early?
Yes. Family Code section 6345 allows either party to seek modification or termination by motion, using form DV-300. The court will consider whether the circumstances that justified the order still exist and will give real weight to the protected person's position.
Talk to a Riverside Restraining Order Lawyer
Get the timeline right. Whether you need protection, need to renew an expiring order, or have been served with a request for an order that could last five years, the dates and forms matter. Daniel Gramling, Esq. of Gramling Law Group represents both protected and restrained parties in Riverside, San Bernardino, Fontana, and across Southern California, with flat-fee and limited-scope options for restraining order hearings and renewals. Call (909) 654-4575 or contact us through this website. We serve the Inland Empire, Los Angeles County, Orange County, and Southern California.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our domestic violence restraining order attorney serving the Inland Empire, Los Angeles County, and Southern California.
Gramling Law Group handles restraining order cases throughout the Inland Empire, including through its Riverside divorce and family law attorney page and its Fontana divorce and family law attorney page.
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Phone: (909) 654-4575
Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
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