WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: California

Restraining Orders

View all
June 16, 2021

Can I file to extend my final civil harassment order beyond five years?

Yes, you can apply to extend it and you do not have to show any further harassment since the original order was issued. At any time within the 3 months before the civil harassment order will run out, you can apply for a renewal of up to an additional five years. To file for a renewal, you must file a new petition for a civil harassment order (you basically take the same steps that you took to get the order that is currently in place) and it is up to the judge to decide whether or not to extend it.1

1 Cal.C.C.P. § 527.6(j)(1)

What if the harasser owns a gun?

Anyone who has a civil harassment order against him/her cannot legally own, possess, or buy a gun or ammunition.1 If the harasser owns a gun, s/he must either give it to the police or sell it to a licensed gun dealer within 24 hours of the order being granted.2 If the harasser keeps the gun or ammunition in spite of the order, s/he could be guilty of a public offense, which could be punished by imprisonment in a county jail or state prison for up to one year, by a fine up to $1,000, or both.3

1 Ann.Cal.C.C.P. § 527.6(u)(1)
2 Ann.Cal.C.C.P. § 5.27.6(u)(2)
3 AnnCal.C.C.P. § 527.6(u)(3) & Ann.Cal.Penal Code § 29825(a)

What happens if the harasser violates the order?

A violation of a temporary or final civil harassment order can be a misdemeanor, which is punishable by a fine of up to $1,000, imprisonment in a county jail for up to 1 year, or both. If the violation results in you being physically injured, the fine can go up to $2,000.1

1 Ann.Cal.C.C.P. § 527.6(t); Ann.Cal.Penal Code § 273.6(a),(b)