When you’re involved in a family law dispute and domestic violence is a factor, a restraining order can provide important legal protection. However, these orders are not indefinite. Knowing the duration and terms of each type can help you make informed decisions about your safety and legal strategy.
Types of restraining orders and their timelines
California family courts issue three types of restraining orders: emergency, temporary, and permanent. An Emergency Protective Order (EPO) typically remains in effect for up to 7 days. It provides immediate protection while you pursue a longer-term solution. A Temporary Restraining Order (TRO) usually lasts between 20 to 25 days and remains active until your scheduled court hearing.
If the judge determines that the threat of harm continues, the court may issue a Permanent Restraining Order, which can remain in effect for up to 5 years. Despite its name, a permanent order is not automatically indefinite. The court evaluates the details of each case to determine its duration.
Extending a restraining order
Before a restraining order expires, you have the option to request an extension. If the court agrees that continued protection is warranted, the order can be renewed for another 5 years or even made permanent without an expiration date. You do not need to present new incidents of abuse—ongoing fear or prior threats may suffice.
If you allow the order to expire without requesting a renewal, you must begin the legal process anew if future problems arise. Timely action is essential when considering an extension.
How restraining orders affect family law cases
Restraining orders frequently intersect with divorce, custody, and support proceedings. An active order can influence how the court allocates parenting time or determines whether supervised visitation is necessary. Violations of the order may negatively affect the restrained individual’s access to shared custody or visitation rights.
Restraining orders offer protection, but they do not last forever without renewal. Be mindful of expiration dates, and act promptly if you need continued protection from domestic violence. Courts are equipped to help, but they rely on your initiative to maintain these safeguards.