How long do temporary restraining orders last?

Attorney Michael Fischer

 Mike’s Answer:

Temporary restraining orders initially cannot be issued for more than twenty-one days. The other party is entitled to have a hearing within that period of time. However, once that other party appears in court, as is common, they can waive their right to a speedy hearing and ask for an extension for themselves. That extension (continuance) can be for a period of 30, 60, 90 days or longer. Durng the continuance period the offending party may hire an attorney and/or attempt negotiations to settle the matter. .

A permanent order, what we call a CLETS order, will be registered into a system which is reported throughout the country and all the police know about it, but it can have some very harsh results on employment. Once there is a permanent order in place, you may not own a firearm. It will be registered with the police and, therefore, when they do background searches, employers will know there is domestic violence involved. Oftentimes, that will exclude you from employment. San Diego County hospitals will check, and if there is any domestic violence it often precludes you from employment. Teaching positions will generally not hire you if there is any domestic violence background. The permanent order of it also negates somebody remaining in the military.

There are exceptions, but generally, a permanent restraining order is a ticket out of the military. So, if it were a spouse perpetrating the domestic violence, where the other spouse is a stay home spouse or with children involved, we do not want the source of support to go away. We want to be careful not to put an order in place that makes them lose their employment or become unemployable and, therefore, unable to support the children or to pay spousal support. Because of the extremely advers effect of a permanent CLETS order sometimes we will actually agree to a very long term temporary order which generally has less negative effect on employment opportunities.

For additional information please review the information available on the civil restraining orders and domestic violence restraining orders sections of our site at or contact the Divorce Attorneys at Fischer & Van Thiel LLP at (760) 722-7646.

 

Posted in: Domestic Violence, Family Law, Restraining Orders, Stop Harrasment