CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........After Hearing
............Duration/Renewal
 19 Cards On This Topic:
  • Restraining orders may last up to 5 years; duration is 3 years if duration not stated in order; may be renewed permanently.
  • Restraining orders may be renewed for 5 or more years, or permanently.
  • By excluding evidence underlying the original restraining order, the court limited W's ability to meet her burden to show fear of future abuse.
  • The fact original DVRO was for 2 yrs. did not make evidence underlying it irrelevant to a request to renew it.
  • When deciding whether to renew a DVRO, the court properly considers previous factual findings as well as current events.
  • A DVRO which is on appeal may be renewed.
  • Compliance with a DVRO does not preclude a finding of reasonable apprehension.
  • Custodial and financial disputes may be relevant to the renewal of a DVRO.
  • The trial ct. abused its discretion when it extended the DVRO for an additional year.
  • DVRO properly renewed where Mother's apprehension of further DV was genuine and reasonable.
  • Once the juvenile ct. terminates jurisdiction, the family ct. assumes jurisdiction over restraining orders issued in the juvenile ct. and may renew them.
  • Renewal of TRO under CCP 527.6(j)(1) is not automatic; court has discretion whether to renew it and what its duration is to be.
  • Given the facts underlying the initial DVRO and the lack of changed circumstances, trial court abused its discretion in denying the request to renew the order.
  • Error to deny permanent renewal of DV TRO where FC 6345 allows renewal without a showing of any further abuse and only a fear of abuse is required by Ritchie v. Konrad.
  • To extend contested DV TRO, judge must determine that the protected party entertains a "reasonable apprehension" of future abusive conduct.
  • The violation of a restraining order is enough to warrant its renewal.
  • Trial court erred in renewing DRO for two years rather than the five years required by FC §6345 (a).
  • No abuse of discretion in denying D's application to terminate DV restraining order where no material change in law or fact, and he did not establish the ends of justice required a termination of restraining order.
  • Cases discussing renewal of DVROs.


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