How Long Do Domestic Violence Restraining Orders Last?
Sometimes, relationships end because one or both partners engage in violent behavior toward each other. Unfortunately, this kind of experience can generate fear in the victim, especially if the offending party continues making threats or engaging in said behavior. The good news is that U.S. laws include protections for victims of domestic violence to prevent additional instances of harm.
A common question about domestic violence injunctions is “How long do domestic violence restraining orders last?” Working with a divorce attorney in Phoenix from Lincoln & Wenk can provide you with the legal guidance you need for your specific case. Here, we provide an overview of protection orders and their average expirations to give you an idea of how these court orders work and what they could do for you.
How Restraining Orders Help Domestic Violence Victims
A domestic violence restraining order is a legal protection you file against a person you have dated or had an intimate relationship with, such as a domestic partner or spouse. However, the order can also apply to grandparents, parents, siblings, children, and in-laws. For instance, you could file a restraining order against a relative who is abusive to you or your children.
The abuse need not be physical. Protective injunctions can work against physical and emotional abuse, whether it occurs in person or online. The laws recognize the fact that abuse can occur in various ways, whether it involves a loved one hitting you, preventing you from fulfilling your basic needs, or isolating you from family and friends.
So, what does a domestic violence restraining order do? A judge can issue a protection order to shield a person, their children, their pets, or their property from harm. Police enforce the order, which can include stipulations like:
- No contact in person, online, or by telephone
- Specific distances in which the offending party cannot cross to avoid the RO recipient and their property
- No harassment, threats, or stalking against anyone named in the order
- Not having firearms and other weapons around the protected persons or in specific locations
- Paying spousal support if married or child support if children are involved in the relationship between the victim and abuser
People sometimes receive protective orders as part of criminal cases, but it is still possible to ask the courts for a domestic violence restraining order. If the courts dismiss the criminal case, they may also cancel the criminal protective order. The initial order may exclude essential stipulations, like protection for your family or child custody orders, so having multiple restraining orders can cover those gaps.
Types of Domestic Violence Restraining Orders
Before answering “How long do domestic violence restraining orders last?” it is helpful to know about the two types of orders a judge may issue. No-contact orders for domestic violence fall into two categories:
- Ex parte temporary restraining order: This injunction will provide immediate protection from abuse. A judge may grant this order immediately following a hearing if they believe you or your children are in imminent danger.
- DVPO final order: Following a full hearing, a judge may grant a more permanent retraining order, prohibiting the abuser from assaulting, threatening, abusing, or harassing you or your children. The offending party also will not be able to contact you without the threat of legal trouble.
These restraining orders may offer similar protections, but their durations differ. With an ex parte temporary protective order, you will have protection until the date of the final hearing. That means you may have protection for up to 14 days until the hearing occurs or for seven days from the date a law enforcement agency serves your ex-partner with the temporary order.
Protection lasts longer with a DVPO final order. Your ex-partner would not be able to contact you or abuse you for one year starting from the date of the order. Filing a petition before the original restraining order’s expiration date can extend the order for an additional two years if a judge grants it.
How To Acquire a Restraining Order
If you want to safeguard yourself, your children, or your property from domestic abuse via a restraining order, you must complete several court forms. The documentation will require you to share details about your situation and the abuse you experienced.
Having a lawyer present for the filing is not necessary. However, working with an attorney who has experience navigating the legal protections against domestic violence is helpful. They can provide legal guidance and advice regarding your situation, allowing you to make informed decisions that could help you move forward in life.
In Arizona, people filing for domestic violence restraining orders do not have to pay court fees. Sometimes, the filing process can take weeks or months to complete, depending on the complexity of your case and the involvement of children or property. However, if you need a restraining order immediately, a judge may make a quick decision and issue a TPO.
After receiving a long-term order, you could renew it to keep the protections in place. The order renewal process is similar to the original order process:
- Complete and submit forms to ask the court to renew the order.
- Wait to receive a court date.
- Have a server deliver a copy of the forms to the other party.
- Prepare for court and arrive on time.
Protective Order Durations
Despite knowing the general answer to “How long do domestic violence restraining orders last?” it is important to understand that those durations can vary. The judge’s ruling, the type of order, and the specific details of your case will determine what could happen with your domestic violence protective order.
Let’s take a closer look at what to expect.
Emergency Protection Order
Suppose you are experiencing a serious situation with your partner or ex-partner and want legal protection against the abuse, but the courts are inaccessible. The courts usually do not hold hearings on holidays or on nights and weekends.
So, in that case, you may receive an emergency protective order that lasts until the courts reopen. The expiration for this type of order is approximately 72 hours from the time the EPO is granted. That way, you can have some peace of mind until the initial hearing.
Temporary Protection Order
A temporary protection order is not like an EPO, which comes from the courts but does not involve a hearing. With a temporary order, a judge will issue a no-contact injunction after a hearing. At that time, the person accused of domestic violence does not have to be present.
If the judge determines the evidence you present warrants a temporary protective order, you will have it until the formal hearing. During that hearing, the judge will review information and evidence from you and your abuser. It could take up to 14 days for the formal hearing to occur after the initial hearing, so you can expect to have protection through that period if you have a TPO.
Domestic Violence Protection Order
At the formal hearing with you and the other party present, the judge may issue a domestic violence protection order, which has a longer timeframe than a TPO and EPO. These orders usually last for one year. However, one- to two-year extensions are possible depending on your circumstances and the judge’s discretion.
Did Someone Ask for an RO Against You? Here’s What To Do
Did an ex-partner or family member list you as an abuser on a domestic violence restraining order? If so, a local sheriff or another authority will serve you with the court documents. Read them carefully.
The initial documents will likely be a TPO or EPO. You must adhere to all the stipulations outlined in the order. Otherwise, you could be arrested and face criminal charges.
The order will also include a court date, which you should attend if you disagree with the injunction. The judge will review all the evidence and determine whether to grant the restraining order or dismiss it.
Contact Lincoln & Wenk Today for Help With Your Domestic Violence Restraining Order
Restraining order expirations for no-contact orders depend on the kind of injunction the court grants. For instance, an ex parte temporary protective order only lasts until your hearing on the final order, which is usually seven to 14 days from the date the abuser receives the temporary order. However, a permanent restraining order will prohibit your abuser from contacting you for up to two years.
If you are a victim of domestic violence and pursuing orders of protection for your safety, you need reliable counsel to help you navigate the complex legal landscape. Our attorneys at Lincoln & Wenk focus on various practices, including family law, divorce, post-divorce matters, and child custody. Our attorneys combine decades of experience with a client-first approach.
When you are ready to pursue a protective order, now that you know the answer to “How long do domestic violence restraining orders last?” turn to Lincoln & Wenk for help. Call (623) 294-2464 today to request a consultation in Phoenix, Arizona.