A California Domestic Violence Restraining Order After Hearing may remain effective for years, but circumstances can change before its scheduled expiration date.

California law allows a DVRO to be modified or terminated by a later court order. Either party may potentially ask the family court to change or end an existing restraining order, but the order does not disappear merely because one or both people believe it is no longer necessary. The existing restrictions remain binding unless and until the court changes them.

Who Can Ask to Change or Terminate a California DVRO?

A party can request modification or termination of a restraining order issued after notice and hearing.

The parties may also submit a written stipulation to the court concerning modification or termination. However, an agreement between the parties does not mean they should simply begin disregarding the existing order.

Until the court enters a further order, the existing DVRO remains in effect according to its terms.

California uses Request to Change or End Restraining Order, Form DV-300, for a request to modify or terminate an existing domestic violence restraining order.

What Happens if the Restrained Person Requests the Change?

Notice to the protected person is important.

When the restrained party requests modification or termination, the protected party generally must be personally served with the request. A protected person who is present in court may waive notice.

Special procedures are available when the protected person’s address is confidential through California’s Safe at Home program. The court may also authorize another method of service for good cause when that method is reasonably designed to provide actual notice.

These requirements help ensure that the protected party has an opportunity to respond before the court changes existing protections.

What Does the Court Consider When Deciding Whether to End a DVRO?

A request to terminate a restraining order requires more than showing that time has passed.

Relevant circumstances can include the history and seriousness of the abuse, the parties’ continuing interactions, whether they must continue communicating because of children or other ongoing matters, concerns involving firearms, and compliance with or violations of court orders.

The specific circumstances of the parties and the protective purpose of the order remain important.

Do Not Informally Ignore an Existing Restraining Order

Even when the parties have resumed communication or believe restrictions are no longer necessary, they should not treat a California DVRO as privately canceled.

An intentional and knowing violation can have serious legal consequences.

The proper approach is to request a formal modification or termination from the court. Until a new order is entered, both parties should understand that the existing restraining order remains legally effective according to its terms.