A domestic violence restraining order offers protection from abuse or threats of abuse by someone close to the petitioner. This is often a spouse, partner, family member or roommate.
In California, the length of a restraining order depends on the type issued by the court. Understanding the differences between each type can help you know what to expect during the legal process.
Emergency protective orders
A police officer can request an emergency protective order (EPO) when responding to a domestic violence call. A judge can issue the EPO immediately, even outside of regular court hours. This type of order provides short-term protection. It lasts up to seven days. The goal is to give the protected person time to go to court and ask for a longer order.
Temporary restraining orders
After filing a request for protection, a judge can issue a temporary restraining order (TRO). This order usually lasts between 20 and 25 days. It remains in place until the court holds a full hearing to decide whether to grant a longer-term order. During this time, the accused person must follow all restrictions, including staying away from the protected person, moving out of a shared home and avoiding contact.
Permanent restraining orders
If a judge decides that ongoing protection is necessary, the court can issue a permanent restraining order. In California, this type of order can last up to five years. The length depends on the facts of the case and what the judge believes is necessary to protect the person at risk. At the end of the order, the protected person may request an extension. The court can renew the restraining order for another five years or make it permanent with no expiration date.
Once a restraining order expires, it no longer offers legal protection. If a protected person still feels unsafe, they must request a renewal before the order ends. Renewals do not require proof of recent abuse, only a continued fear of harm. Knowing how long each type of restraining order lasts helps people make informed decisions and prepare for the next steps in the process.