Criminal Defense

How Long Does a Restraining Order Last in California?

Restraining orders protect one person from abuse, harassment, or stalking by another. The order prohibits the restrained person from being near or contacting the protected person. If you’re concerned for your safety and consider requesting such an order, you’ll need to ask a criminal defense attorney, “How long does a restraining order last in California?”

How Do Restraining Orders Work?

Restraining orders tell the restrained person to stay away from others and sometimes specify a minimum distance (like 500 feet). They typically also include restrictions on contact, even by third parties (i.e., conveying a message through someone else). 

A restraining order can include specific orders, like moving out. It may also list places the restrained person should avoid, such as an ex-spouse’s home or office. Violating a restraining order can lead to arrest, criminal charges, and civil penalties.

Victims often seek a restraining order against an ex-partner or a family member. However, you could also ask for a restraining order against a neighbor, roommate, or anyone who has harmed you.

How Long Does a Restraining Order Last in California?

Essentially, this depends on the restraining order you’re seeking. California courts may issue different types of restraining orders, such as:

  • Emergency Protective Order. Law enforcement may approve this temporary order, which lasts up to five days, to shield an abuse or harassment victim in an emergency.
  • Civil Harassment Restraining Order. This is a temporary civil order meant to protect the victim while they await a court hearing. It lasts 15 to 22 days.
  • Domestic Violence Protective Restraining Order. This type of order can give domestic violence victims long-term protection. It may last between three weeks and five years.
  • Criminal Protective Order. These orders target active cases of domestic violence. They last up to five years.
  • Workplace Violence Restraining Order. An employer can request this order to protect his employees from someone’s violence, harassment, or stalking in the workplace. They can last up to three years.
  • Elder Abuse Restraining Orders. These orders protect people over 65 and younger dependent adults. They may stay in effect for up to five years.

Unlike criminal defense cases, a restraining order doesn’t require “proof beyond a reasonable doubt.” Courts may approve an order if it seems likely that the petitioner is under threat from the alleged abuser or stalker. The court may also issue a separate no-contact order.

Can a Restraining Order Be Permanent?

You’ll notice that none of the restraining orders listed above are permanent orders. The answer to “How long does a restraining order last in California?” is “Up to five years, and often less.” 

If the restraining order protecting you is expiring soon but you still feel under threat, you can seek renewal. The court may extend your restraining order if your case justifies it.

To renew a restraining order, you need to fill out the relevant forms and prepare for a court hearing. During the hearing, you’ll need to explain why you believe the restrained person is still a threat to you.

Whether you’re requesting a new order or asking to renew an existing one, it’s always advisable to work with an experienced lawyer who knows the ins and outs of protective orders.

Are You Considering Filing a Restraining Order? Contact The Law Office of Elliott Kanter

Do you feel like someone’s behavior threatens your personal safety? If you’re wondering, “How long does a restraining order last in California?” contact The Law Office of Elliott Kanter in San Diego. Attorney Elliott Kanter has over 40 years of experience protecting the rights of crime victims. 

Call us at (619) 231-1883 or fill out our contact form to schedule a consultation.

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