A domestic violence restraining order (DVRO) in California does not last forever without action. Understanding when a restraining order expires, how to renew it before it lapses, and what the firearms prohibition means for the restrained person are essential to using the DVRO system effectively for ongoing protection.
How Long Does a Restraining Order Last in California?
California expired restraining order renewal laws govern what happens as a DVRO approaches its end date. A permanent DVRO — despite the name — is not actually permanent. It lasts for the period specified by the court, typically three to five years. A temporary restraining order lasts only until the full hearing, usually within 21 days. After a full hearing at which the court enters a permanent order, that order has a specific end date unless the court expressly states it lasts indefinitely.
Does a temporary restraining order go on your record permanently? The TRO itself is a court record during its effective period. A permanent DVRO entered after a contested hearing remains in law enforcement databases and has lasting consequences including firearms prohibitions.
How to Renew a California Restraining Order
To renew a restraining order before it expires, the protected person must file a Request to Renew Restraining Order (form DV-700) with the court before the existing order expires. The court can renew the order without requiring the protected person to show that domestic violence has occurred since the prior order — the standard for renewal is whether the protected person has a reasonable apprehension of future abuse. The request should be filed well before the expiration date to ensure the court has time to schedule and hold the renewal hearing.
California expired restraining order renewal laws do not allow renewal after the order has already expired. Once expired, the protected person would need to file a new petition from scratch. This makes timely filing critical.
Restraining Order and Firearms in California
A person subject to a DVRO in California is prohibited from owning, possessing, purchasing, or receiving firearms under both California law (Penal Code section 29825) and federal law (18 USC 922(g)(8)). The restraining order firearms prohibition takes effect immediately upon service of the restraining order. The restrained person must surrender all firearms to law enforcement, sell them through a licensed dealer, or transfer them to a licensed dealer within 24 hours of being served with the order.
Violation of the restraining order firearms prohibition is a criminal offense. The restrained person must file a Proof of Firearm Turnover with the court. Failure to surrender firearms can result in contempt of court and criminal prosecution.
Furubotten Law, APC handles DVRO proceedings, renewal hearings, and firearms compliance issues throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.