How Long Does a Restraining Order Last in California?

How long a restraining order lasts in California depends on which type it is and where it stands in the court process. Emergency orders issued by police last only a few days. Temporary orders issued when you file your petition last about three weeks. Orders issued after a full court hearing last up to five years for most civil restraining orders, up to three years for workplace violence orders, and up to ten years for criminal protective orders issued after certain convictions. Any of these can be renewed, and a renewed order can be made permanent.

Emergency Protective Orders Last Days, Not Weeks

The shortest order is the Emergency Protective Order (EPO). A police officer responding to a domestic violence call, stalking report, or child or elder abuse situation can phone a judge and get one issued on the spot, day or night.¹ It takes effect immediately and expires at the end of the fifth business day or the seventh calendar day after issuance, whichever comes first.

An EPO is a stopgap. If you have one, you need to file for a temporary restraining order in court before the EPO runs out, or you will have no protection when it expires.

Temporary Restraining Orders Last Up to 21 Days

When you file a restraining order petition, a judge reviews your written statement and can grant a Temporary Restraining Order (TRO) before the other side has a chance to respond. There is no filing fee for a domestic violence petition.²

A TRO lasts up to 21 days, or up to 25 days if the court moves the hearing date for good cause.³ The restrained person has to be served with the TRO and the hearing notice before the court date. If service does not go through in time, courts commonly reissue the TRO so protection continues, which can stretch the process out for months when someone actively avoids being served.

How Long Restraining Orders Last After the Hearing

At the hearing, both sides can present evidence and testimony, and the judge decides whether to issue a longer-term order. If the restrained person does not show up, the judge can still issue the order based on your evidence alone. The maximum length depends on the type of order:

These are ceilings, not defaults. A judge has discretion to set any length up to the maximum, so a DVRO might come out at two years rather than five depending on the circumstances. Check the order carefully for the expiration date. If the form does not list one, the order automatically expires three years from the date it was issued under Family Code 6345,⁴ and the same three-year default applies to elder abuse and workplace violence orders.⁵

Criminal Protective Orders Can Last Ten Years

The orders above are civil orders that a person requests from the court. A criminal protective order works differently. A criminal court judge issues one during a domestic violence or other criminal case to protect the victim while the case is pending, without either party filing a separate petition.

After a conviction for domestic violence, stalking, human trafficking, or certain sex offenses, the sentencing judge can issue a protective order lasting up to ten years.⁷ That is twice the ceiling on most civil restraining orders. The order remains in effect whether the defendant goes to prison, receives probation, or is placed on supervised release.

Renewing Before the Order Expires

If you are protected by a restraining order and want to keep it in place, you can ask the court to renew it up to three months before it expires.⁴ For a DVRO, that means filing Form DV-700 and Form DV-710 to schedule a hearing, with no court fee for the renewal request.⁸

If the restrained person does not contest the renewal, the court can grant it without a full hearing. If they object, you need to show a reasonable fear that abuse could happen again if the order lapses. You do not need to prove that any new abuse occurred while the original order was in place.⁴ A quiet period often just means the order was working.

A renewed DVRO lasts at least five years, and the judge can make it permanent with no expiration.⁸ The same renewal framework applies to elder and dependent adult abuse orders.⁵ Watch the calendar. If the order expires before you file, you lose the ability to renew and would have to start over with a new petition.

Ending an Order Before It Expires

Either the protected or the restrained person can ask the court to change or end a restraining order before its expiration date.⁹ That requires a written request and a hearing, and the court applies the same standards it would use to dissolve any court-ordered injunction.¹⁰

When the restrained person files the request, the court must give the protected person proper notice of the hearing. If the protected person cannot be located, the court will deny the request or postpone the hearing until notice can be delivered.⁴ Both sides can also agree in writing to modify or terminate the order, and the court can approve that stipulation without a contested hearing. Arguments that you have not violated the order or that enough time has passed rarely succeed on their own; judges weigh the safety of the protected person heavily.

1
California Courts | Self Help Guide. Guide to Protective Orders
2
California Courts. How to File for a DV Restraining Order
3
California Legislative Information. California Code of Civil Procedure 527.6
4
California Legislative Information. California Family Code 6345 – Duration, Termination, or Modification of Protective Orders
5
California Legislative Information. California Welfare and Institutions Code 15657.03
6
California Legislative Information. California Code of Civil Procedure 527.8
7
California Legislative Information. California Penal Code 136.2
8
Judicial Council of California. How Do I Ask the Court to Renew My Restraining Order
9
California Courts. How to Ask to Change or End the Restraining Order
10
Judicial Council of California. Judges Guide to Domestic Violence Restraining Orders