When facing domestic violence, a restraining order offers critical legal protection. However, Domestic Violence Restraining Orders (DVROs) in California are not permanent by default. Understanding how to renew these protective orders is essential for those who still fear future abuse. This guide breaks down the legal process, recent court decisions, and practical steps to ensure continued safety under California law.
How Long Do DVROs Last?
California courts typically issue DVROs for a period of up to five years. As the expiration date approaches, the protected party has the right to request a renewal. Failing to act on time could result in a lapse of legal protection, leaving the individual vulnerable.
When to Request a Renewal
You can file a renewal request starting three months before the current DVRO expires. It's important to respect this window because the court cannot renew a DVRO once it has lapsed.
For example, if your DVRO expires on December 1, 2025, you should file for renewal between September 1 and November 30 of that year.
What Is the Duration of a Renewed DVRO?
Under California Family Code § 6345, the court has the authority to renew a DVRO for:
- Another five years
- Permanently, with no expiration date
- A shorter period, based on the specific facts of the case
This flexibility allows judges to tailor protection to the survivor's needs.
Legal Standard for Renewal: A Lower Threshold
Renewing a DVRO requires a lower evidentiary threshold than obtaining the original order. The protected party must show they have a “reasonable apprehension of future abuse.” This does not mean proving future harm is likely. Instead, the court looks at whether the survivor's fear is sincere and objectively reasonable.
No Need for New Incidents
Importantly, no new acts of abuse are required to justify a renewal. Courts recognize that the absence of new incidents may indicate the original DVRO is working. In fact, California case law holds that this can support renewal, rather than undermine it.
For those navigating related charges, it's helpful to also understand what is domestic battery under California law, as it often intersects with DVRO matters.
The Ritchie v. Konrad Three-Factor Test
In evaluating whether to renew a DVRO, California courts frequently rely on the precedent set in Ritchie v. Konrad (2004). This case outlines three main considerations:
- Findings from the Original DVRO: The court reviews the initial evidence that led to the DVRO's issuance. If the original abuse was severe or persistent, that alone may justify renewal.
-
Changed Circumstances:
- Geographic distance between parties
- New relationships or life changes
- Successful completion of batterer intervention programs
- Whether the restrained party complied with the DVRO
- Burden on the Restrained Party: The court can consider the impact on the restrained individual, but public safety remains the priority.
Recent Case Law: How Courts Interpret DVRO Renewals
- G.G. v. G.S. (2023): This ruling emphasized that the specific type or timing of the original abuse is less relevant than the ongoing fear of future harm.
- Michael M. v. Robin J. (2023): The court reaffirmed that imminent danger is not required. A reasonable concern about potential future abuse is enough.
- Navarro v. Cervera (2023): This decision clarified that a DVRO's success in preventing abuse supports its renewal. The absence of violations should not be used to argue against continued protection.
For additional context on how courts handle DVROs and their connection to family law, consider reviewing child custody and domestic violence in California. The presence of children often heightens the court's concern and may affect the outcome of renewal hearings.
Filing a DVRO Renewal: Step-by-Step
- Track your expiration date: Set a calendar reminder at least 90 days in advance.
- Collect evidence: Save emails, messages, or other documentation suggesting continued risk.
- Submit court forms: Use DV-700 and DV-710 to request renewal and notify the restrained party.
- Prepare for court: Bring supporting documentation and be ready to explain why you continue to feel unsafe.
- Seek legal help: A knowledgeable lawyer can increase your chances of success, especially in contested cases.
If your DVRO involves a history of threats, stalking, or violent behavior, you should explore more comprehensive legal protections. Learn more about domestic violence restraining orders (DVROs) under California law to fully understand your rights.
Protecting Your Future: DVRO Renewal and Your Safety
Renewing your Domestic Violence Restraining Order is a proactive step that prioritizes your long-term safety and peace of mind. California law supports survivors who continue to live with a justified fear of abuse, even if no new incidents have occurred.
By understanding your rights, documenting ongoing concerns, and acting within the legal timeframe, you can extend your DVRO and remain protected.
Domestic Violence Restraining Order Renewal Attorneys in California
If your protective order is nearing expiration, the legal team at Bulldog Law is here to help. Our experienced California attorneys understand the emotional and legal complexities of domestic violence restraining orders and work diligently to ensure our clients stay protected.
Whether you are seeking to renew your DVRO, facing custody issues related to domestic violence, or defending against a false accusation, we offer trusted, strategic legal guidance every step of the way. Contact Bulldog Law for a confidential consultation and take the next step toward peace of mind.