How to Renew a Domestic Violence Restraining Order in California (2026)

Quick Answer California Family Code section 6345 allows you to renew a Domestic Violence Restraining Order before it expires. You can renew for an additional 5 years or permanently. The leading case is Ritchie v. Konrad (2004), which established that you do not need to prove new acts of abuse to obtain a renewal. You only need to show that you have a reasonable apprehension of future abuse. The court considers your subjective fear and whether it is genuinely held and objectively reasonable. File the renewal request using Form DV-700 along with supporting declarations at least 3 months before the original order expires. There is no filing fee. The renewal hearing is scheduled approximately 21 days after filing.

When to File for Renewal

California Family Code section 6345 allows you to file for renewal of a Domestic Violence Restraining Order at any time before it expires. The 5 year permanent DVRO does not automatically renew. You must take affirmative action.

The best practice is to file the renewal petition at least 3 months before your current order expires. This gives the court time to schedule a hearing while the original order is still in effect. Filing later can create a gap in your protection if the hearing is delayed past the expiration date.

Filing Deadlines

• File at least 3 months before the original order expires for the best scheduling
• File at least 4 weeks before expiration to ensure the hearing can be heard while the original order is still active
• If you file after the original order has expired, you may still be eligible but must reapply for a new order rather than renew

The Ritchie v. Konrad Standard

The leading California case on DVRO renewals is Ritchie v. Konrad (2004) 115 Cal.App.4th 1275. The case established the standard courts must apply when deciding whether to renew an expired or expiring restraining order.

The court in Ritchie held that the protected party does not need to prove additional acts of abuse since the original order was issued. The protected party only needs to show that there is a reasonable apprehension of future abuse. This is a critical distinction from the original DVRO standard, where actual abuse must be proven.

Why the Lower Standard

The court recognized that the restraining order itself may have prevented additional abuse, so requiring new abuse for renewal would create an absurd result. A successful restraining order should be renewable based on continued reasonable fear, not on proof that the restrained party violated the original order.

What You Need to Prove

Under the Ritchie v. Konrad standard, the protected party must demonstrate a reasonable apprehension of future abuse. This is a two part analysis the court conducts. A board-certified family law attorney can help you present the strongest possible case for renewal.

Subjective Component

First, you must show that you genuinely fear future abuse. This is your honest subjective belief. The court looks at:

• Your testimony about your current fears
• Continuing emotional or psychological effects of the original abuse
• Steps you have taken to protect yourself
• Disruption to your normal life caused by the ongoing fear

Objective Component

Second, your fear must be objectively reasonable. The court evaluates whether a reasonable person in your situation would fear future abuse based on the circumstances. The court considers:

• The original acts of abuse that led to the first restraining order
• Any violations of the original order during its term
• Continuing contact attempts by the restrained party
• Threats or intimidation since the original order
• Whether the restrained party has changed (completed treatment, expressed remorse, etc.)
• Whether you still live near the restrained party
• Whether you share custody of children with the restrained party

The Renewal Process Step by Step

1. Review your current order to determine the exact expiration date
2. Begin gathering supporting documentation 3 to 4 months before expiration
3. Complete Form DV-700 (Request to Renew Restraining Order)
4. Complete Form DV-710 (Notice of Hearing on Request to Renew Restraining Order)
5. Attach declarations and supporting evidence
6. File the forms at the courthouse where the original order was issued
7. Serve the restrained party (sheriff service is free for DV cases)
8. Attend the court hearing scheduled approximately 21 days after filing
9. Receive the court’s decision on the renewal request

Required Forms

All forms are available free from the California Courts Self Help Center website. Filing fees are waived for domestic violence cases.

Evidence That Supports Renewal

Strong renewal petitions include detailed evidence in several categories:

Evidence of Continuing Fear

• Your written declaration describing current fears and their basis
• Documentation of mental health treatment for anxiety or PTSD related to the original abuse
• Statements from therapists or counselors about ongoing trauma
• Steps you have taken to maintain your safety (changing locks, moving, security systems)

Evidence of Restrained Party’s Behavior

• Any contact attempts during the order, even minor or seemingly innocent
• Police reports of any incidents or concerning behavior
• Witness statements about the restrained party’s behavior or statements
• Social media activity that suggests continuing interest in you
• Threats made to third parties about you

Evidence of Continuing Connections

• Shared custody arrangements that bring you into contact
• Geographic proximity (living or working near each other)
• Mutual friends or family members
• Common workplaces or social settings

How Long Renewals Last

California Family Code section 6345(a) allows the court to renew a restraining order for 5 years or permanently. The court has discretion to determine the appropriate length. Factors influencing the length include:

• Severity of the original abuse
• Pattern of violations or contact attempts
• Time since the original abuse
• Whether the restrained party has demonstrated change
• Your continuing need for protection
• Whether you continue to share children or other ongoing connections

Permanent Renewals

In cases involving severe abuse, repeat violations, or persistent threatening behavior, the court can issue a permanent renewal. A permanent renewal lasts indefinitely with no expiration date. The protected party does not need to renew again.

Permanent renewals are typically reserved for cases where:

• The original abuse was severe (involving serious physical injury, sexual assault, or weapons)
• The restrained party has repeatedly violated the original order
• The restrained party has continued to express threats or controlling behavior
• There is little possibility that the restrained party will change
• The protected party will continue to live with reasonable fear indefinitely

What If Your Original Order Has Already Expired

If your original DVRO has already expired without renewal, you can still file for a new DVRO if you have grounds. However, you cannot renew an order that has already expired. You must start the process over by filing a new Request for Domestic Violence Restraining Order using Form DV-100.

For a new order after expiration, you must show current grounds for the order. This typically means either new acts of abuse since the original order expired, or that you face current reasonable apprehension of abuse based on the recent history. The Ritchie standard does not apply to a new order; it only applies to renewals filed before expiration.

Common Mistakes in Renewal Petitions

Common mistakes that weaken renewal petitions include:

• Filing too close to the expiration date or after expiration
• Failing to explain why you still need protection
• Listing only the original abuse without addressing current concerns
• Failing to attach supporting documentation
• Not requesting specific protections that apply now
• Failing to address any positive changes in the restrained party (which the restrained party will raise)
• Inconsistent statements between your declaration and other evidence
• Failing to serve the restrained party properly

Frequently Asked Questions

Q: Do I need to prove new abuse to renew a restraining order?

A: No. Under Ritchie v. Konrad (2004), you do not need to prove that the restrained party committed new acts of abuse since the original order was issued. You only need to show that you have a reasonable apprehension of future abuse. This is both a subjective component (you genuinely fear future abuse) and an objective component (your fear is reasonable given the circumstances). The Ritchie standard recognizes that the original order may have prevented additional abuse.

Q: When should I file the renewal petition?

A: File at least 3 months before your current order expires for the best scheduling. This gives the court time to set a hearing while your original order is still in effect. Filing at least 4 weeks before expiration is the minimum to ensure the hearing happens before the order expires. If you file after expiration, you cannot renew; you must file a new restraining order petition with current grounds.

Q: Can the restrained party show up at the renewal hearing?

A: Yes. The restrained party has the right to appear and contest the renewal. They can present evidence and arguments against renewal. They may also file Form DV-720 (Answer to Request to Renew Restraining Order) before the hearing. You should be prepared to address their potential arguments, particularly any claims that they have changed or completed treatment programs.

Q: How long can a renewed restraining order last?

A: California Family Code section 6345 allows renewal for either 5 additional years or permanently. The court has discretion to determine the length based on the circumstances. Permanent renewals are typically issued in cases involving severe abuse, repeat violations, or ongoing threats. For most renewals, the court grants 5 year extensions, which can themselves be renewed when they expire.

Q: Is there a filing fee for restraining order renewal?

A: No. Filing fees are waived for all domestic violence cases, including renewals. The sheriff also serves the renewal papers free of charge. You do not need to file a fee waiver application. Court forms are available free from the California Courts Self Help Center website. The only cost is your time and any attorney fees if you choose to be represented.

Q: Can I add new protections in a renewal?

A: Yes. The renewal can include all the protections of your original order plus any additional protections you need now. If circumstances have changed (for example, the children are older, you have a new address, or you have new workplaces or schools), include those in your renewal petition. The court can modify the scope of protections to match your current situation.

Q: What if I have moved since my original restraining order?

A: You can still renew your order even if you have moved. The renewal is filed in the court that issued the original order, regardless of where you now live. If you have moved to a different California county, you can request that the renewed order be enforceable throughout California. The order is automatically entered into the California Law Enforcement Telecommunications System (CLETS), making it enforceable statewide and in other states through the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Q: Will having shared custody affect my renewal?

A: Shared custody actually supports renewal in many cases. The continuing forced contact through custody arrangements means continuing risk of abuse or intimidation. Courts recognize that protected parties with shared custody arrangements have ongoing exposure to the restrained party and ongoing reason to fear. Document any concerning custody related interactions in your renewal petition. The renewal can also be tailored to ensure your safety during custody exchanges.

Bottom Line

Renewing a Domestic Violence Restraining Order in California is more accessible than many people realize. The Ritchie v. Konrad standard means you do not need new abuse to renew. You only need reasonable apprehension of future abuse, which the court evaluates based on both your subjective fear and the objective reasonableness of that fear given the circumstances. Filing at least 3 months before expiration ensures the hearing happens while your original order is still active. There are no filing fees. Renewals can extend the order for 5 years or permanently depending on the circumstances.

If your restraining order is approaching expiration, do not wait until the last minute. A free consultation with a board-certified family law specialist can help you build the strongest possible renewal petition.

About the Author

Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.

Related Articles

• How to Get a Restraining Order in California: Step by Step 2026 Guide
• What Counts as Domestic Violence in California? Complete 2026 Guide
• DVRO vs Civil Harassment Restraining Order: Key Differences (2026)
• Domestic Violence and Child Custody: California Family Code 3044

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Restraining order procedures vary by state and individual circumstances require specific legal analysis. If you are in immediate danger, call 911. For confidential support, call the National Domestic Violence Hotline at 1-800-799-7233. For advice specific to your circumstances, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.