California Family Code 6345

California Family Code 6345 Attorney

In California, a judge can issue a restraining order against an individual accused or convicted of domestic violence. This order is intended to prevent further acts of domestic violence from taking place, but it typically only lasts five years. However, in some cases, an individual can seek a permanent restraining order or add more time to an already existing order, thanks to California Family Code 6345.

When these situations occur, it is imperative that you have a domestic violence and restraining order lawyer on your side, as they can help you exercise your rights as outlined in California Family Code 6345. At Quinn & Dworakowski, LLP, we understand that these can be uncertain and even frightening times. Our attorneys want to do everything in our power to help you feel safe and protected from an individual who could hurt you and the ones you love.

What Is California Family Code 6345?

When an individual is charged with domestic violence and served with a restraining order, the judge cannot, under law, cause this restraining order to last any longer than five years. However, this restraining order can be subject to modification or termination by the courts if a written petition is filed with the court system or a party makes a motion.

Under California Family Code 6345, these restraining orders may be renewed — upon request of a party — for five or more years, or permanently, at the discretion of the court. This can be done without the party requesting this modification having to show any signs or proof of further abuse. A request for modification can be brought before the courts at any point within the three months leading up to the expiration date of the original order.

In these restraining order modification cases, the only thing the petitioner needs to show is that they have a reasonable fear of future abuse occurring, should the restraining order expire. Likewise, the fear of child abuse, while not required, can be helpful when seeking a renewal of a California restraining order.

However, just because an individual brings this petition of renewal before the courts, it does not mean they will automatically be granted it. Restraining the freedoms of an individual, including the freedom to move around as they wish to where they wish, is not an issue that the court system takes lightly.

That is why, unless there is no objection from the restrained individual, the person seeking the renewal must show their reasonable fear of future abuse.

It is also important to know that even a ‘permanent’ renewal is not final. Under Family Code 6345(a), all renewed orders — including permanent ones — remain subject to termination or modification by the court if either party files a written stipulation or brings a motion. A ‘permanent’ order means the protection has no automatic expiration date, not that it can never be changed.

Important: If your restraining order expires before you file for renewal, the court cannot extend it. You must file using Form DV-700 (Request to Renew Restraining Order) no later than one day before the order’s expiration date. File at your local Orange County Superior Court clerk’s office as early as three months before the expiration date.

Quinn & Dworakowski, LLP: Your California Domestic Violence and Restraining Order Attorneys

At Quinn & Dworakowski, LLP, we understand that you pursued the original restraining order for a reason. Whether the original restraining order was put in place to protect you from domestic violence or other criminal acts, you deserve to continue living in safety, without fear of your abuser returning and continuing to subject you to their behavior. If you are seeking the renewal of a restraining order, as laid out in California Family Code 6345, we can help you do so.

With over 30 years of experience behind us, the attorneys at Quinn & Dworakowski, LLP, are ready to gather the evidence necessary to file an initial restraining order. We can subsequently help you pursue a renewal and permanency of this order. Whatever your situation may be, we can fight to secure the protection of yourself and your loved ones.

What Is Considered a Reasonable Fear of Future Abuse in California?

When seeking a renewal of a restraining order in California, you do not need to show evidence of any actual physical abuse reoccurring. However, the courts will want to determine whether there is a reasonable fear of future abuse, should the restraining order expire.

First, the court will look over the details of the original restraining order and why it was granted. Second, it will see if any significant life changes may require a renewal of the restraining order. For example, it will check if the individual who was served with the original order has moved away. The individual in question may have otherwise moved on with their life to the point where a renewal is not necessary. If the circumstances have stayed the same, though, the court may grant the renewal.

The standard for “reasonable fear” was established in the landmark case Ritchie v. Konrad (2004) 115 Cal.App.4th 1275. The court held that an automatic right to renewal does not exist. Instead, the judge must exercise discretion. Key factors courts look at include: the nature and history of the original abuse, any significant changes in circumstances since the order was put in place, and the burden the order puts on the restrained party. Critically, the absence of new incidents does not hurt your case because courts recognize the restraining order itself may be the reason there has been no further abuse.

FAQs About California Family Code 6345

What Happens If an Individual Violates a Restraining Order in California?

In California, if an individual violates a restraining order, there are several punishments that might result. By state law, if an individual intentionally and knowingly violates any protective order against them, they face up to one year in county jail and a fine of up to $1,000 for a first misdemeanor offense. If the violation involves violence or a threat of violence and the individual has a prior conviction within the past seven years, the offense can be charged as a felony, carrying up to three years in state prison and fines up to $10,000. The exact penalties will depend on the unique details of the situation.

How Much Does a Domestic Violence and Restraining Order Attorney Charge?

In California, it can be difficult to offer an exact price for how much an attorney might charge. There are many factors that impact the final cost analysis. These include the complexity and duration of the case as well as the effort, skill level, and experience of the attorney. However, an attorney’s aid can be crucial for clients seeking a renewal of a restraining order under California Family Code 6345.

What Kind of Proof Is Needed to Obtain a Restraining Order?

To obtain a restraining order against an individual in California, physical evidence can be very compelling. Physical evidence of domestic violence can include:

• Photos or videos of injuries
• Footage or images of the incident itself
• Text messages
• Police reports
• Medical reports
• Written statements of the victim seeking the order

Is Physical Abuse a Requirement for a California Restraining Order?

In California, it is typically required that the petitioning party have a reasonable fear that the party they are petitioning against will act violently or threateningly toward them. This threatening behavior can be anything that causes the individual to seek order. Common types of threatening behavior that might call for a restraining order are any signs of emotional, physical, or mental abuse.

What Form Do I File to Renew a Restraining Order in California?

To renew a domestic violence restraining order, you file Form DV-700 (Request to Renew Restraining Order) with the clerk at your local Superior Court. You must also complete Form DV-710 (Notice of Hearing to Renew Restraining Order). In Orange County, you file with the Orange County Superior Court, Family Law Division.

What Happens If I Miss the Deadline to Renew My Restraining Order?

If your restraining order expires before you file your renewal request, the court cannot extend it. The order simply ends. You would then need to seek a new temporary restraining order and go through the full hearing process again with no guarantee of the same protections. This is why acting within the three-month window before your order’s expiration date is critical. Do not wait.

Contact a Compassionate Domestic Violence and Restraining Order Attorney Today

If you are a victim of domestic violence in California, you might wish to seek the renewal of a restraining order past the allocated five years. To do so, you will need the assistance of an attorney who can advocate for the protection of you and your loved ones. Contact the offices of Quinn & Dworakowski, LLP, and let us help you.

Ready to renew or modify your restraining order? Call Quinn & Dworakowski, LLP today at (949) 660-1400 or contact us online to schedule a confidential consultation.