Renewing a Domestic Violence Restraining Order

When renewing a restraining order, it’s best to be informed about the process in advance. The Court has the power to renew a restraining order upon the request of the protected party. The protected party must file a request to renew the domestic violence restraining order within the three months prior to the expiration of the initial restraining order.

The party requesting the renewal must demonstrate that he or she has a reasonable apprehension that further abuse will occur unless there is a restraining order issued. The apprehension those acts will occur must be objectively reasonable (i.e. a reasonable person in the same circumstances would believe that it is more likely than not that abuse would occur unless there is a restraining order.)

In a contested renewal hearing, the court may look to the facts underlying the initial restraining order and the restrained party may not contest the truth of the evidence and findings of the underlying order. Thus, while the party requesting the renewal of the restraining order must prove that he or she has a reasonable apprehension that further abuse will occur unless there is a restraining order, the fact that a restraining order already exists is a critical factor in determining whether to grant the request for renewal. Whether a court will grant a request for renewing the restraining order is dependent on the individual facts of your case. Thus, if you would like to seek a renewal or the protected party is seeking a renewal of a restraining order against you, it is critical to consult with an attorney about your rights.

Read more posts about restraining orders

If you are a victim of domestic violence or you have been accused of domestic violence, you can find valuable information through the Center for Domestic Peace

Categories: Domestic Violence

About the Author

Rachel Castrejon opened her own law practice immediately after graduating from Loyola Law School and passing the California Bar exam in 1998. When she first opened her practice, she handled a variety of cases including wrongful termination, criminal appeals and family law matters. Ultimately, she chose to practice exclusively in the area of Family Law because she likes helping her clients through a very emotional process. Rachel’s goal is to help her clients through one of the most difficult times in their lives – the breakup of their family. Rachel understands the importance of achieving a resolution that is good for the entire family, particularly the children involved.

Learn more about Rachel

Disclaimer: The information and examples provided herein are based on the laws and regulations at the time of writing. Prior to deciding how to hold title in your property, you should consult with an accountant, probate attorney or family law attorney to determine the best way to hold your property for the purpose you want to accomplish.