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Family law Restraining order going permanent?

Pasadena, CA |

IF you at the end of a 3 year restraining order what would it take for the court to reissue it as a permanent restraining order

Attorney Answers 4

Posted

You can go in before the restraining order expires to renew it.

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Posted

But the court will not renew it just because. Shouldn't there be a reason?

Posted

If there is still a legal basis to keep the restraining order in place, you can have it renewed for either 5 years or permanently. Look on your DV-130 form and make sure you file your request for the renewal 3 months before the expiration of the current restraining order. You will have to go to court, so you may want to hire a family law attorney to assist you.

At the hearing, you do not need to show any "abuse" since the original restraining order was issued, but you do need to show a reasonable fear of abuse in the future to warrant the renewal. It does not cost anything to do this, but you need to file form DV-700 (Request to Renew Restraining Order) as well as some other documents. The court will set a hearing date, and you need to remember to make sure that either the Sheriff's Department or someone over the age of 18 (other than you) serves the restrained person with a copy of the documents.

I am including links below which may be of some help. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Posted

the order expires next month on the 17th of Dec 2012 I was just served Friday 11-2-12 at six pm to be in court Monday morning 11-5-12 it's past the 3 month mark. Does that mean it will be denied?

Posted

You can ask the court to renew it if you can show with admissible evidence that it should be renewed. You should contact a local lawyer who has handled restraining order applications before.

Kevin Sullivan
415-441-1052

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Posted

Havwe the facts changed signifcantly since the first order was in place? What are the new facts? You really should consult your previous or new attorney.
Stephen R. Cohen 1-213-819-1171 Los Angeles

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