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How Long Does a Restraining Order Last in California? Duration of Every Order Type
Quick answer: How long a California restraining order lasts depends on its type and stage. An emergency protective order lasts five court days or seven calendar days, whichever is shorter. A temporary restraining order lasts until the court hearing, generally about three weeks, and stays in place if the hearing is continued. A restraining order issued after a hearing lasts up to five years for domestic violence, civil harassment, and elder or dependent adult abuse, up to three years for workplace violence and postsecondary school violence, and one to five years for a gun violence restraining order. A criminal protective order lasts while the criminal case is pending, and an order issued after a conviction can last up to ten years. Most orders can be renewed, and domestic violence and elder abuse orders can be renewed permanently.
Key Takeaways
- The expiration date and time printed on the order control. Read your copy.
- “Up to” matters. The judge chooses the length, and a shorter term can be argued for at the hearing.
- If a domestic violence or civil harassment order shows no expiration date, it lasts three years by statute.
- Renewal requests are filed in the last three months of the order, and a domestic violence renewal does not require new abuse.
- An order does not end because the parties reconcile, move, or agree informally. Only a court order ends it.
- Firearm prohibitions last as long as the order does.
California Restraining Order Durations at a Glance
| Type of order | How long it lasts | Renewal | Authority |
|---|---|---|---|
| Emergency protective order (EPO) | Earlier of 5 court days or 7 calendar days after issuance | None. The protected person must file for a court order. | Fam. Code § 6256; Penal Code § 646.91 |
| Emergency gun violence restraining order | 21 days | A hearing is set to decide on a longer order | Penal Code § 18148 |
| Temporary restraining order (domestic violence) | Until the hearing, set within 21 days (25 for good cause) | Stays in effect through continuances | Fam. Code §§ 242, 245 |
| Temporary restraining order (civil harassment, workplace, elder abuse) | Until the hearing, set within 21 days (25 for good cause) | Stays in effect through continuances | Code Civ. Proc. §§ 527.6, 527.8; Welf. & Inst. Code § 15657.03 |
| Domestic violence restraining order after hearing | Up to 5 years | 5 or more years, or permanently | Fam. Code § 6345 |
| Civil harassment restraining order | Up to 5 years | Up to 5 more years | Code Civ. Proc. § 527.6(j) |
| Elder or dependent adult abuse restraining order | Up to 5 years | 5 years or permanently | Welf. & Inst. Code § 15657.03 |
| Workplace violence restraining order | Up to 3 years | Up to 3 more years | Code Civ. Proc. § 527.8(k) |
| Postsecondary school violence restraining order | Up to 3 years | Up to 3 more years | Code Civ. Proc. § 527.85 |
| Gun violence restraining order after hearing | 1 to 5 years | 1 to 5 years | Penal Code §§ 18175, 18190 |
| Criminal protective order (pretrial) | While the criminal case is pending | Not applicable | Penal Code § 136.2 |
| Criminal protective order (after conviction) | Up to 10 years | Set by the sentencing court | Penal Code §§ 136.2(i), 273.5(j), 646.9(k) |
Statutes are amended regularly. The terms of the order actually issued in your case control.
Stage One: Emergency Orders (Days)
An emergency protective order is requested by a police officer and issued by an on-call judge, usually at the scene of a domestic disturbance. It expires at the earlier of the close of court business on the fifth court day, or the seventh calendar day, after it was issued. It cannot be extended. If the protected person wants continued protection, that person must file a petition in court before it runs out.
An emergency gun violence restraining order works differently. It lasts 21 days and is followed by a hearing on whether a longer firearm prohibition should issue.
Stage Two: Temporary Restraining Orders (Weeks, Sometimes Months)
When a petition is filed, a judge decides the same day or the next court day whether to issue a temporary restraining order (TRO). The TRO lasts until the hearing date on the notice of hearing. By statute, the hearing is set within 21 days of the ruling on the temporary order, or within 25 days if the court finds good cause.
In practice, TROs often last longer than three weeks:
- Service problems. If the respondent has not been served, the hearing is continued and the TRO is reissued.
- The respondent’s continuance. A respondent is generally entitled to one continuance for a reasonable period to respond.
- Good-cause continuances. Court congestion, a pending criminal case, unavailable witnesses, or a multi-day evidentiary hearing can extend the schedule.
Unless the judge orders otherwise, the TRO remains in effect until the end of the continued hearing (Fam. Code § 245). A TRO can therefore last several months in a contested case. Every term, including move-out orders, temporary custody, and the firearm prohibition, stays in force the whole time. See continuances of restraining order hearings and temporary restraining order defense.
Stage Three: Orders After Hearing (Years)
Domestic violence restraining orders: up to five years
Under Family Code § 6345, the personal conduct, stay-away, and residence exclusion orders in a domestic violence restraining order may last up to five years. The judge sets the length. If the order does not state an expiration date on its face, it lasts three years from the date of issuance.
Two points are often missed. First, custody, visitation, and support orders made in the same case do not expire with the protective orders. They continue until changed by a court. Second, a finding of domestic violence triggers a five-year presumption against custody under Family Code § 3044, measured from the finding, not from the end of the order. See how DVROs affect custody.
Civil harassment restraining orders: up to five years
A civil harassment restraining order can last up to five years (Code Civ. Proc. § 527.6(j)). As with domestic violence orders, an order with no stated expiration date lasts three years. Many neighbor and acquaintance cases result in orders shorter than the maximum when the respondent presents reasons a shorter term is sufficient.
Elder and dependent adult abuse restraining orders: up to five years
These orders also last up to five years and can be renewed for five years or permanently. See elder abuse restraining order defense.
Workplace and school violence restraining orders: up to three years
Orders obtained by an employer under Code of Civil Procedure § 527.8, or by a postsecondary school under § 527.85, last up to three years and can be renewed for up to three more. See workplace violence and school violence restraining order defense.
Gun violence restraining orders: one to five years
A gun violence restraining order issued after a hearing lasts between one and five years, as set by the judge. The restrained person may ask the court to end it early, generally once per year.
Criminal Protective Orders: The Longest Common Order
A criminal court can issue a protective order under Penal Code § 136.2 at arraignment. That order lasts as long as the criminal case does. If the case ends in a conviction for a domestic violence offense, stalking, or certain other crimes, the sentencing court must consider issuing a protective order at sentencing, which can last up to ten years regardless of whether the sentence is probation, jail, or prison. Probation in domestic violence cases also carries its own protective order condition.
The ten-year maximum is double the longest initial civil order. That is one reason a plea in a criminal case should never be evaluated without looking at the protective order that will follow it. See criminal protective orders and domestic violence defense.
Renewal: How a Five-Year Order Becomes Permanent
A protected person may ask to renew an order during the three months before it expires. The rules vary:
| Order | Renewal term | What must be shown |
|---|---|---|
| Domestic violence | 5 or more years, or permanently, at the court’s discretion | No new abuse is required. If the renewal is contested, the protected person must show a reasonable apprehension of future abuse (Ritchie v. Konrad (2004) 115 Cal.App.4th 1275). |
| Civil harassment | Up to 5 more years | No showing of further harassment since the original order is required by the statute |
| Elder or dependent adult abuse | 5 years or permanently | No showing of further abuse is required by the statute |
| Workplace violence | Up to 3 more years | No showing of further violence or threats is required by the statute |
| Gun violence | 1 to 5 years | Clear and convincing evidence that the person continues to pose a significant danger |
A renewal hearing is a contested proceeding, and it is the restrained person’s best opportunity to bring the order to an end. Evidence of full compliance, the passage of time, changed circumstances, and the burdens the order imposes all bear on the decision. See opposing a restraining order renewal.
Ending a Restraining Order Early
A restraining order is “subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party” (Fam. Code § 6345). In practice there are three routes:
- The protected person asks to end it. Judges usually grant these requests after confirming that the request is voluntary, though in domestic violence cases a judge may ask questions first.
- A written stipulation. Both sides sign an agreement and the judge approves it.
- The restrained person’s motion. The restrained person must show a material change in the facts or the law, or that the ends of justice would be served (Code Civ. Proc. § 533; Loeffler v. Medina (2009) 174 Cal.App.4th 1495).
Until the judge signs an order, the original restraining order remains enforceable. Reconciliation, moving in together, or an invitation from the protected person does not suspend it, and contact during that time can be prosecuted under Penal Code § 273.6. See modifying or terminating a DVRO.
Other ways an order can end before its date: a successful appeal, or a successful motion to set aside an order that was entered by default.
What Happens When the Order Expires
- The restrictions end at the date and time on the order, unless a renewal request is pending and the court has extended it.
- The database entry becomes inactive. Orders are entered in the California Restraining and Protective Order System, accessed through CLETS, while they are in effect. See CLETS restraining orders.
- The court file remains. The case is generally a public record, and a later court can see prior orders. A restraining order is a civil order, so there is no expungement process.
- Firearm rights can be restored. Relinquished firearms are recovered through the California Department of Justice release process, assuming no other prohibition applies. See firearm surrender after a restraining order.
- Custody and support orders continue until modified in the family law case.
How the Length Is Decided at the Hearing
The statutory maximum is a ceiling. Judges consider the seriousness and recency of the conduct, whether it was a single incident or a pattern, whether the parties will keep crossing paths (children, a shared workplace, neighboring homes), compliance with the temporary order, and any practical hardship the order creates. A respondent who cannot defeat the petition outright can still present evidence and argument for a shorter term, narrower stay-away distances, or carve-outs for work, school, or peaceful contact about children.
The better result is no order at all. The hearing is decided under the burden of proof for that order type, and it is the one stage at which the respondent is heard. See how to fight a restraining order.
One Case, Start to Finish: An Example Timeline
| Date | Event | Order in effect |
|---|---|---|
| March 1 | Police respond to a call and obtain an emergency protective order | EPO, expiring about March 8 |
| March 5 | Protected person files a petition and a temporary restraining order is granted | EPO and TRO |
| March 26 | First hearing date. Respondent requests and receives a continuance. | TRO continues |
| April 23 | Contested hearing. Judge grants a three-year order. | Restraining order after hearing |
| Three years later, January to April | Window for the protected person to request renewal | Original order |
| Before expiration | Renewal hearing. If granted, the order is extended for five or more years or permanently. If denied or not requested, the order expires. | Renewed order, or none |
How Long the Related Consequences Last
| Consequence | Duration |
|---|---|
| California firearm and ammunition prohibition | While any covered order, including a temporary order, is in effect |
| Federal firearm prohibition for qualifying domestic violence orders | While the qualifying order after hearing is in effect |
| Custody presumption under Family Code § 3044 | Applies to findings of domestic violence within the previous five years |
| Active entry in the statewide restraining order database | While the order is in effect |
| Court case record | Indefinitely, as a public court file in most cases |
| Firearm prohibition after a related criminal conviction | Generally 10 years for listed misdemeanors, and lifetime for a felony or for a misdemeanor conviction under Penal Code § 273.5 on or after January 1, 2019 |
Frequently Asked Questions
How long does a restraining order last in California?
A restraining order issued after a hearing can last up to five years for domestic violence, civil harassment, and elder or dependent adult abuse; up to three years for workplace violence and postsecondary school violence; and one to five years for a gun violence restraining order. Temporary orders last only until the hearing.
How long does a temporary restraining order last?
A temporary restraining order lasts until the court hearing, which is generally set within 21 days of the judge’s ruling on the request, or 25 days for good cause. If the hearing is continued, the temporary order normally stays in effect until the new date.
Is a permanent restraining order really permanent?
Usually not. Permanent restraining order is an informal name for an order issued after a hearing, which has an expiration date. A domestic violence or elder abuse restraining order can, however, be renewed permanently.
What happens if the restraining order has no expiration date written on it?
For domestic violence and civil harassment orders, the statutes provide that an order with no expiration date on its face lasts three years from the date it was issued.
Can a restraining order be renewed?
Yes. The protected person can ask to renew within the three months before expiration. A domestic violence restraining order can be renewed for five or more years or permanently, without a showing of new abuse. Civil harassment orders can be renewed for up to five more years, and workplace violence orders for up to three.
Can a restraining order end early?
Yes. Either side can ask the court to terminate or modify the order, or the parties can file a written stipulation for the judge to approve. When the restrained person asks, that person must show a material change in circumstances or that ending the order serves the ends of justice.
Does the restraining order end if the protected person contacts me or we get back together?
No. Only a judge can end or change a restraining order. Contact that the protected person invites can still be charged as a violation until the court terminates or modifies the order.
How long does a criminal protective order last?
A pretrial criminal protective order lasts while the criminal case is pending. After a conviction for domestic violence, stalking, and certain other offenses, the sentencing court can issue a protective order lasting up to 10 years.
Does a restraining order stay on my record after it expires?
The order is removed from active status in the law enforcement database when it expires, but the court case file generally remains a public record, and courts reviewing a later request can see prior orders. A restraining order is not a conviction and cannot be expunged.
When can I get my guns back?
After the order expires, is terminated, or is denied, you can apply through the California Department of Justice firearm release process, as long as no other law prohibits you from possessing firearms.
Legal Authorities Referenced
- Family Code §§ 242, 245, 3044, 6256, 6345
- Code of Civil Procedure §§ 527.6, 527.8, 527.85, 533
- Welfare and Institutions Code § 15657.03
- Penal Code §§ 136.2, 273.5(j), 273.6, 646.9(k), 646.91, 18148, 18175, 18185, 18190
- Ritchie v. Konrad (2004) 115 Cal.App.4th 1275; Loeffler v. Medina (2009) 174 Cal.App.4th 1495
Talk to a Restraining Order Defense Attorney
Power Trial Lawyers defends respondents at restraining order hearings, renewal hearings, and termination motions across Southern California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties. Contact the firm to discuss your case.
This page provides general information about California restraining orders. It is not legal advice, and reading it does not create an attorney-client relationship. Durations and renewal rules are set by statutes that change, and the order issued in your case controls. Confirm details with the court and with counsel. Reviewed by Matthew Barhoma, Esq., Power Trial Lawyers. Last updated November 2026.