Restraining Orders How Long Does a Restraining Order Last?

Restraining orders vary in duration: they may last for a few days, or they may last all the way up to trial. Several factors influence how long a restraining order remains in effect.

Ex parte orders are restraining orders granted without the other party having prior notice of the request for an order or being present in court to contest the order. Generally, they only last for up to 25 days. One kind of ex parte order, an emergency protective order, lasts only 5 court days or 7 calendar days, whichever comes first. Emergency protective orders are appropriate in instances where abuse is currently happening, or will imminently occur. Only law enforcement can request emergency protective orders.

Orders after notice and hearing can last much longer than ex parte order because the court will have made its decision after the subject of the restraining order had a chance to argue the issuance of the order. Domestic violence protective orders are presumed to last three years, but can last up to five years. These orders can also be renewed to last even longer, but the court always has the power to modify or terminate the protective order. The renewal can also be contested by the other party.

Generally, the family law court has the power to modify restraining orders at any time during the family law proceedings, usually in response to a change in circumstances. Temporary restraining orders remain in effect until terminated by the family law court prior to trial or until the entry of judgment after trial. After the entry of judgment, the family law court may issue post-judgment restraining orders.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.