How Long is a Permanent Restraining Order for in California

[nachobaby123]

My question involves restraining orders in the State of: California

There is a permanent restraining order against me in California.

I read that according to California Family Code 6345 C that if there is no expiration date on the order of protection papers that a permanent restraining order lasts 3 years, at which point, I assume it could be renewed. But is this true?

I asked my lawyer and he seemed to brush this off as a completely stupid question, but I'm reading the California Judicial Handbook on protection orders and it seems pretty clear to me. Is it possible for some parts of california to not use those rules? or perhaps they just ignore the rule and they assume nobody with a restraining order is reading the judicial handbook?

[cdwjava]

The length of time depends. The default length is 3 years, but there are factors that can come into play for orders up to 5 years. I have seen orders as high as 10 years, but I recall those being the very unlikely exception and issued only after prior violations or as part of a deal between the parties.

[nachobaby123]

Thank you for your reply. Can you please advise as to how I can determine the exact length of time of my order? If there is no date, then it is 3 years? And after 3 years does it automatically dissolve or do I have to ask the court to do that? Does the other side get to just ask the court to renew it every 3 years no questions asked if they want to?

[cdwjava]

Thank you for your reply. Can you please advise as to how I can determine the exact length of time of my order? If there is no date, then it is 3 years? And after 3 years does it automatically dissolve or do I have to ask the court to do that? Does the other side get to just ask the court to renew it every 3 years no questions asked if they want to?

If unstated, the term is for 3 years.

And, yes, the petitioner can apply to renew it as often as they want.

You can find a lot of answers here:

https://www.courts.ca.gov/1260.htm?rdeLocaleAttr=en