While they are commonly associated with domestic violence cases, anyone can request a restraining order. If you are a victim of domestic violence (DV), restraining orders come in handy to offer you legal protection. A restraining order can protect you from further abuse, harassment, threats, or stalking, allowing you to go about your life peacefully while the underlying case is being resolved.

However, what will happen when the restraining order expires? Unfortunately, the restraining order does not last forever, and its protection will expire within a specific period. Knowing what to do when your restraining order expiration date nears is important for continued protection from the alleged abuser or stalker. Common remedies available include renewing your existing order or petitioning for a new one.

A skilled attorney who understands the importance of a restraining order can help you explore other legal options of protection when your existing order nears its expiration date. Here is a straightforward guide on what to do when your RO is expiring to maintain the continued protection it offers:

  1. Know When the Order Will Expire

A restraining order, also known as a protective order, is a court-issued order that protects a specified person (the protected party) from stalking, abuse, harassment, or threats by another person (the restrained person). A spouse, ex-boyfriend, ex-girlfriend, roommate, cohabitant, coworker, or family member could be a protected party.

Once issued, a restraining order (RO) will prevent the restrained person from doing any of the activities described in the order, including calling, texting, or visiting you, the protected person. However, what will happen when this court order expires? Once you receive a restraining order against any person, you should take note of its expiry date because once it expires, you will lose the protection it offers.

Generally speaking, most ROs have a five-year lifespan. After the expiry of this period, you will lose all the protection this court-issued order offers. If the restraining order (RO) expires before the criminal conduct that prompted you to request it against another person ends, you need to know your options to secure ongoing protection.

You can find the expiry date of your restraining order on the court paperwork, usually at the bottom of your order. You will have to go through the entire process of securing another RO when you wait for the current one to expire. Hence, it is advisable to begin your renewal process as soon as possible while your current restraining order is active.

When you begin your application for renewal at least two (2) months before it expires, you will have ample time to complete all the required forms and file them on time, and attend a court hearing to prove why a renewal is necessary. Ensure you consult with an attorney as soon as possible to help you prepare and complete your application for restraining order renewal.

  1. Complete the Renewal Forms

To begin the process, you must complete all the necessary renewal forms, including Form DV-700 and DV-710. Completing Form DV-700 lets the judge know of your intentions to seek renewal or extension of your protection. Additionally, you need to file out a Notice of Hearing form (DV-710).

Completing the renewal forms is crucial, as it formally communicates your need for continued protection to the court, ensuring your safety remains a priority. Ensure you work with an attorney to help you fill out these forms correctly, as required, to avoid making errors that could make the court refuse to extend your RO protection duration.

  1. Make Copies of the Forms and File Them

After you have completed your forms, make a minimum of three (3) copies and keep one copy to yourself, serve one to the restrained individual, and the other to the law enforcement agency.

While some courts provide a secure drop box outside the court building, the majority accept filings in person at the clerk's window. The court’s clerk will return your renewal forms to you for proper action after stamping them with the date and time of the hearing.

  1. Serve the Respondent or Restrained Individual With the Forms

Ensure you serve the respondent or restrained individual with a copy of the RO renewal forms stamped with the date and time of the hearing. A police officer or a professional server can personally deliver the renewal forms to the restrained individual. This step is crucial because it ensures the restrained person is well-informed about the renewal request.

Unless the court orders otherwise, these forms (DV-710 AND DV-700) should reach the respondent no later than five (5) days before the scheduled court hearing date. The individual who will serve the renewal forms to the restrained individual should complete Form DV-200 and forward it to you so you can file it with the family court. Doing that is vital, as it informs the family court that the respondent is aware of the scheduled hearing.

  1. Attend the Scheduled Court Hearing

After requesting a renewal of your restraining order, you should sufficiently prepare for the hearing to increase your chances of securing a positive outcome. During the hearing, you or your attorney should bring the following:

  • A duplicate of the original court-issued restraining order
  • Affidavits and witness statements
  • Evidence to prove the continued danger or fear the restrained person poses in your life
  • A chronology of the latest conduct or behavior by the restrained individual
  • Any other crucial evidence that proves to the court you deserve continued legal protection

Even if your attorney will be present, preparing for this hearing is crucial. The judge could ask you questions you need to answer. A reliable attorney will advise you on the most likely questions to expect, enabling thorough preparation. The court will extend your restraining order for an additional set amount of time if it determines that ongoing protection is required.

For example, if your attorney can prove that the restrained person recently contacted or harassed you, the court could agree to renew your RO.

  1. Complete Your Renewed Restraining Order Form and Serve the Copies

You will receive a new RO if the court approves the renewal requests. Once you receive the certified and stamped duplicates of the RO, you should serve them to the local law enforcement agency. How long your restraining order will last after securing a renewal will vary, depending on the facts and nature of your unique case.

The court could make the RO permanent if it determines that the restrained individual poses a persistent risk to your or your loved ones' safety. In a case involving children, the judge will review your case carefully before issuing a renewal of the RO. Doing that is important for safety and the well-being of the involved children.

Common Factors the Court Will Consider Before Renewing Your RO

For the judge to accept a renewal request of your RO, you must avail yourself of a hearing to explain to the court why you deserve continued protection. Fortunately, you do not have to demonstrate that new acts or incidents of harassment or abuse have happened. The court could renew your RO if you can prove satisfactorily that the initial conductor threats still exist and you have concerns about your and your loved one’s safety.

Here is an overview of some of the factors the court will consider when determining whether to grant your petition for an RO renewal or extension:

  1. The Basis of Your Restraining Order

The judge will begin by reviewing the original behavior or acts that led to the issuance of the RO. If the circumstances and facts of the underlying case were serious enough to warrant a multi-year order, the court could grant your renewal request, especially if the restrained person still poses a safety risk to your life.

  1. Whether the Underlying Circumstances and Facts Have Changed

The judge will also consider whether the restrained individual has relocated far away or if you still interact with one another, most likely during family gatherings, custody exchanges, or in your community. If the restrained person still poses a safety risk in your life, the court could extend your RO.

  1. The Impact the RO has on the Other Party

A restraining order has significant consequences for a person’s life, including firearm restrictions, limits on movement, and challenges in securing reliable employment. However, regardless of how the order affects the restrained individual, the court will prioritize your safety.

The judge may extend your RO if he/she determines that you have a legitimate fear of being harassed, abused, or stalked in the future.

  1. The Restrained Person’s Behavior or Conduct While the RO Was Active

The restrained person’s conduct during the period when the restraining order was in effect will be considered when the court is determining whether to extend its protection. Recent harassment or attempts to contact you by a restrained individual could strengthen your case and increase your chances of securing a favorable outcome.

Other Additional Factors to Consider When Renewing Your RO

Now that you understand the factors the court will consider when determining whether to renew your RO, you also need to prepare yourself ahead of time to increase your chances of securing a favorable outcome. Here are a few other considerations when applying for a renewal of your RO:

  1. The Renewal Fee

Generally speaking, you do not need to pay any fee when applying for a renewal of your Domestic Violence Restraining Order. The court waives this fee to ensure financial challenges do not affect your ability to obtain continued protection. However, if you need to renew a CHRO, a specific fee could apply.

Your attorney can help you determine how much you need to pay when filing a petition for a renewal of your CHRO to allow you make the necessary financial arrangement ahead of time.

  1. The Duration of the RO Renewal

Depending on the specifics of your case, the judge could extend your DVRO for a maximum of five (5) years or indefinitely. If the court issues a permanent RO, it will remain in effect until you or the family court terminates or modifies it. Most restraining order renewals will typically last five years. However, the judge could adjust this timeline based on the facts and circumstances of your unique case.

  1. The Impact of the RO Renewal on Child Custody and Other Support Orders

If the court issues a DVRO, it could require the restrained person to continue paying alimony and child support. While the expiration of your RO has no impact on alimony, child support, and visitation matters, this order will not automatically renew when the judge agrees to renew your RO. If you want a modified custody arrangement, you should file an additional motion with the family court.

  1. Whether You Have a Qualified Attorney

Renewing your RO is a multi-step, confusing process similar to the first application. Therefore, the services of a competent attorney could be helpful when applying to renew your RO. The restrained individual will typically oppose your request for renewal. That is where the services of a skilled attorney come into play. The attorney you choose will help you:

  • Prepare and fill out the necessary renewal forms
  • Gather all the appropriate and helpful evidence you need to strengthen your request
  • Present convincing arguments before the judge

Ensure the attorney you choose for legal representation is experienced, licensed, and reputable to increase your odds of securing a desirable outcome.

Your Legal Options if the Court Turns Down Your RO Renewal Petition

Renewing a restraining order could be urgent, especially if you or your loved one is at risk of imminent danger, violence, or harassment from the restrained person. Unfortunately, the court will not accept all requests for RO renewal. When the court denies your RO renewal request, it can be stressful to imagine that the restrained person could continue harassing or stalking you.

However, that court ruling does not mean you have exhausted all the available legal protection options. With the legal assistance of your attorney, you can seek any of the following legal protections to receive the continued protection you deserve:

  1. File for a New RO

You have the legal right to submit an application for a new RO if the court denies your renewal request. Your attorney can use fresh incidents of stalking or harassment to convince the court you deserve a new restraining order for continued protection before the end of the underlying case.

  1. Appeal the Court's Decision

Sometimes, with the legal assistance of your attorney, you can also appeal this court’s ruling to deny your request for RO renewal. An appeal is not a rehearing of your underlying case. Instead, it allows the appellate court to check whether the specific judge who denied your renewal request abused his/her discretion or committed a procedural error.

It is worth noting that time is of the essence if you need to appeal the court’s decision on your RO renewal request. Typically, you need to file your appeal within thirty to sixty days after receiving the judge’s decision to deny your RO renewal request.

  1. Seek a Stalking Injunction or CHRO

If your previous RO was issued due to a DV-related offense and your relationship with the other party ended, you can no longer secure a CHRO to protect yourself and your loved ones. However, you can qualify for an anti-stalking injunction or CHRO.

Unlike a DVRO, you or your attorney do not have to prove you have a romantic or personal relationship with the other party (respondent) to qualify for a CHRO or stalking injunction. You can seek a CHRO against colleagues, neighbors, former partners, or acquaintances.

  1. Consider Law Enforcement Assistance or Criminal Complaints

If the stalking or harassment persists after your RO expires, your attorney can help you seek the protection you deserve through the criminal court system. Even without the civil restraining order, stalking, abuse, and harassment remain criminal offenses. When the court denies your application for an RO renewal, you should consider:

  • Making a report to the police about the ongoing or fresh harassment, abuse, or stalking cases
  • Requesting the police officers to document all incidents in which the restrained person breached the expired RO requirements
  • Asking the prosecutor to file a criminal charge against the other party if his/her conduct necessitates charges

While filing a criminal complaint does not lead to the issuance of a new RO, it may result in the court imposing probation conditions or protective orders that keep you and your loved ones safe and free from harassment.

Find a Restraining Order Attorney Near Me

Restaining orders are vital in helping protect the victims of domestic violence or abuse in different settings. However, when your restraining order expires, you will lose the protection, even though the initial threats of abuse or injury still exist.

In that case, our skilled attorneys at Goldman Flores Restraining Order Law Firm can explore other legal options you can pursue to stay protected, including filing for a renewal of the RO. We invite you to call us at 213-341-4087 to schedule your initial consultation with our credible restraining order attorneys, wherever you are in Los Angeles.