How Long Will A Domestic Violence Restraining Order Protect You?

Domestic Violence Restraining Orders (DVRO), unfortunately, can be very confusing, especially in the area of duration. Generally, there are three different types of orders, each with varying duration.
The first order, which is given by law enforcement, is generally called an Emergency Protective Order (EPO). This is given by a law enforcement officer who, after responding to a domestic violence call, believes that domestic violence has occurred, but the perpetrator is not present. This order gives the victim some protection and usually lasts five days, but they must go to court within that period of time to seek a more permanent, yet still temporary, restraining order.
The second type of DVRO is called a Temporary Domestic Violence Restraining Order (TRO). A TRO is issued after an initial hearing/court appearance, whether or not the hearing is requested pursuant to an EPO, when domestic violence has occurred. The TRO is valid for 21 days or, if good cause appears to the court, 25 days from the date the temporary order is granted.
The third type of order is the more permanent (yet still not entirely permanent) restraining order. After a full hearing/court appearance on a restraining order and the request for order is granted, whether or not the TRO was granted, the court can issue a restraining order under Family Code, §6345, for up to five years. In addition, prior to the expiration of the five years, the order may be renewed upon the request of a party, either for five years or permanently. Further, the order can be renewed without additional instances of abuse since the original order. However, the request for renewal of the restraining order may be brought at any time within the three months before the expiration of the initial order.
The bottom line is, there are several periods of time that a restraining order can last. This can be a very confusing area, especially to someone who just wants to have some assurance of safety and freedom from abuse. Speaking with an attorney should be your first step to understanding which restraining order will give you the best protection.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.