If you are considering a restraining order, or have been served with one, you may wonder what “temporary” and “permanent” actually mean. Does a temporary order provide meaningful protection? Does a permanent order last forever?
In California domestic violence cases, the main differences involve when the order is issued, how long it lasts, and whether the Court has held a hearing. Both can carry serious consequences.
California has several types of restraining orders. This article focuses on domestic violence restraining orders, which generally involve spouses, former partners, people who share a child, or certain family relationships.
What Is a Temporary Restraining Order?
A temporary restraining order, often called a TRO, provides protection while the parties wait for a court hearing. The judge generally reviews the requesting party’s written application and supporting declaration before the other person has an opportunity to present their side at a hearing.
Under California Family Code section 6300, the Court may issue temporary protection based on reasonable proof of a past act or acts of abuse. Abuse is not limited to physical violence. It can include threats, stalking, harassment, disturbing someone’s peace, and coercive control.
Depending on the circumstances, temporary orders may prohibit contact, require someone to stay away, direct someone to move out of a residence, and establish temporary custody and visitation arrangements. Firearm restrictions also apply.
These orders are intended to address protection before the Court can fully consider the case.
How Long Does a Temporary Order Last?
A TRO generally lasts from when the restrained party was served until the scheduled hearing. Under California Family Code section 242, the hearing ordinarily must be set within 21 days, or 25 days if there is good cause.
However, the actual timeline can change. If the hearing is continued, the Court can extend temporary protection. You should review the signed order and any subsequent orders rather than assume protection automatically ends after three weeks.
For example, if the other party has not been properly served, the hearing may need to be rescheduled. Confirming whether temporary orders remain in effect is essential.
What Is a Permanent Restraining Order?
What people commonly call a “permanent restraining order” is usually a restraining order issued after a hearing. In domestic violence cases, this is documented on form DV-130, Restraining Order After Hearing.
Before issuing that order, the Court gives the parties an opportunity to present evidence and explain their positions. The judge determines whether the evidence supports the requested protection and which restrictions are appropriate.
However, the word “permanent” can be misleading.
Under California Family Code section 6345, the personal conduct, stay-away, and residence exclusion provisions of an initial domestic violence restraining order after hearing can last up to five years. The Court may order a shorter period. An initial order does not automatically last for someone’s lifetime.
Does a Temporary Order Guarantee a Long Term Order?
No, it does not. A TRO does not mean the requesting party has already won the case. The Court must still consider whether an order after hearing is supported by the evidence.
Likewise, denial of temporary protection does not necessarily mean the Court will deny protection after a hearing. The judge may need testimony or additional evidence before deciding.
Preparation matters for both parties. Text messages, emails, photographs, witness testimony, and a clear account of specific incidents can help the Court understand what happened. Simply describing someone as “abusive” or saying an allegation is “false” is generally less useful than presenting facts.
Are Temporary Orders Less Serious?
No, they are not. “Temporary” describes the order’s duration, not whether compliance is optional.
Once the restrained person has been served or otherwise has legally sufficient notice, violating a TRO can lead to arrest and criminal consequences. The same is true of an order after hearing.
If you believe an order is unjustified, you should challenge it through the Court while complying with its terms. The protected person’s invitation to communicate does not give the restrained person permission to disregard a no-contact order.
Can an Order Be Renewed or Changed?
A protected person who still needs protection may request renewal during the three months before the order expires. Under California Family Code section 6345, the Court may renew a domestic violence restraining order for five or more years, or permanently. Further abuse since the original order is not required, although renewal is not automatic.
Orders may also be modified or terminated through the appropriate court process. The parties should not assume a private agreement changes the existing restrictions.
Custody, visitation, and support orders included in the case follow separate rules. They do not necessarily end when the protective provisions expire.
Understanding Your Options
At The Soleymani Law Firm, APC, we represent clients seeking domestic violence restraining orders and clients responding to requests for those orders. Our attorneys can help you understand the restrictions, prepare relevant evidence, and address how the case may affect custody and other family law issues.
If you have questions about a temporary or permanent restraining order, contact our office to schedule a consultation.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals should consult with a qualified California family law attorney regarding their specific circumstances.