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 at 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.

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