Renewing a domestic violence restraining order in California starts with Form DV-700, the Request to Renew Restraining Order. You file this form before your current order expires, and the court can renew it for five more years or permanently, with no requirement to prove new abuse.
According to the California Department of Justice, California courts process more than 40,000 domestic violence restraining order requests each year, and a large share of those orders come up for renewal before they expire. Filing DV-700 the right way protects you from gaps in coverage, surprise hearings, and the stress of starting over.
Here is what you will learn in this guide:
- 📝 How to fill out every line of Form DV-700 without missing a box
- ⚖️ The legal standard from Ritchie v. Konrad that decides if your renewal wins
- 📅 The exact deadline rule under Family Code §6345 so your order never lapses
- 👨👩👧 Real scenarios with named people, including custody exchanges and stalking patterns
- 🚫 The seven biggest mistakes self-represented filers make and how to dodge each one
What Form DV-700 Actually Is
Form DV-700 is the official Judicial Council request used to ask a California court to extend an existing domestic violence restraining order before it expires. The form lives on the California Courts website and is used together with DV-710 (Notice of Hearing), DV-720 (Proof of Service), and DV-730 (Order Renewing Restraining Order). Together these forms make up the renewal packet that every protected person must file.
The form exists because Family Code §6345 lets a court renew a restraining order without proof of new abuse. The plain meaning of this rule is that you do not have to be hurt again to keep your protection. The consequence of skipping a renewal is that your order ends on the expiration date and the restrained person is free to contact you. A real example is Maria, who lets her three-year order expire on June 1; on June 2 her ex shows up at her job and police cannot enforce a dead order. A common misconception is that police will warn you before the order ends, but they will not, because tracking expiration is on the protected person.
DV-700 is also different from a brand-new request. A new request uses Form DV-100 and requires proof of recent abuse. A renewal under DV-700 only requires reasonable apprehension of future abuse, which is a much lower bar set in Ritchie v. Konrad. The consequence of using the wrong form is that the clerk rejects your filing and the clock keeps running. If your order ends before you fix the mistake, you have to start over with a DV-100 and prove new abuse.
The form applies to orders issued under the Domestic Violence Prevention Act. It does not apply to civil harassment orders (use CH-700), elder abuse orders (use EA-700), or workplace violence orders (use WV-700). Picking the wrong family of forms wastes filing time and may cause your order to lapse.
When to File DV-700
You can file DV-700 any time within the three months before your order expires, and you can also file on the day it expires. The rule comes from Family Code §6345(a) and from the official Judicial Council instructions. Filing early is smart because it gives you time to fix clerk rejections, serve the restrained person, and gather evidence.
The consequence of filing after the expiration date is severe. Once the order ends, the court loses the power to renew it. You then must start over with a new DV-100, and you must prove fresh abuse. James learns this the hard way when he files DV-700 two days after his order ends; the judge denies the renewal and James has to file a brand-new case.
A common misconception is that a pending hearing automatically extends your order. It does not, unless the judge signs a written order to extend. You should always ask the court for a DV-116 order continuing the hearing if your renewal hearing is pushed past the expiration date. Without that signed extension, the order ends and the restrained person can legally contact you while you wait for the new hearing.
The Three-Month Window in Practice
The three-month window starts on a date you can find on your current DV-130 order. Look at item 4 of the DV-130, which lists the expiration date. Count back 90 days, and that is your earliest filing date. Filing on day 91 before expiration may cause the clerk to reject the packet, although many counties accept early filings; check your local rules through the California Courts Find My Court tool.
Same-Day and Last-Minute Filing
You can walk DV-700 into the clerk’s office on the day your order expires, but the safer path is to file at least 30 days early. Service must be completed before the renewal hearing, and a process server typically needs one to three weeks. Aisha files on the expiration day, but her ex avoids service for four months, and the judge denies the renewal because the restrained person never received notice. The lesson is to leave a service buffer of at least 21 days.
Line-by-Line Walk-Through of DV-700
Form DV-700 has six numbered sections plus a signature line, and every box matters. The form is fillable online through the Judicial Council fillable PDF, or you can print and write neatly in black ink. Skipping a box can cause the clerk to reject the packet, and a rejection that pushes you past expiration ends your order.
Caption Box: Court Name, Case Number, and Parties
The top caption asks for the Superior Court of California, County of [your county], the court address, your name as the protected person, and the restrained person’s name. Copy these exactly from your existing DV-130 order. The case number must match, because a wrong case number sends your filing into the wrong file and creates a missing-record nightmare.
A common mistake is dropping the middle initial or using a nickname. Use legal names as written on the original order, even if you now go by a different name. Carlos uses “Charlie” on his renewal and the clerk cannot match the file; the filing is rejected and Carlos loses three days of his window.
Item 1: Information About You
Item 1 asks for your full legal name, your lawyer’s name and bar number if you have one, and your address. You can ask the court to keep your address confidential by checking the box and filing Form CM-010 plus Form DV-250 for confidential address procedures. The consequence of listing your home address when you have moved to escape abuse is that the restrained person can find you through court records.
If you have moved, you can use a safe mailing address, such as a P.O. box, a friend’s address, or the Safe at Home program run by the California Secretary of State. Safe at Home gives survivors a free substitute address. Priya enrolls in Safe at Home and lists the program’s Sacramento P.O. box on every court form.
Item 2: Information About the Restrained Person
Item 2 asks for the restrained person’s full legal name and any known addresses. You may also list a work address if you want law enforcement to be able to serve them at work. The consequence of leaving the address blank is that your process server has nowhere to go, and the renewal can fail for lack of service.
A common misconception is that you must know an exact address to file. You do not. You can write “address unknown” and ask the court for help locating the restrained person, or you can hire a skip tracer. Many counties also allow service by publication under Code of Civil Procedure §415.50 when the person is hiding.
Item 3: Current Order Information
Item 3 asks for the date of the current order and the date it expires. Both dates appear on your DV-130. You also check a box telling the court if you want the renewal to be permanent or to last another five years.
The legal consequence of choosing permanent is that you never have to renew again, and the restrained person bears the burden of asking the court to dissolve the order later. The consequence of choosing five years is that you must come back and refile DV-700 again before that five-year period ends. Linda picks five years because she expects her ex to mellow with age; five years later she is back in court.
Item 4: Reasons for the Renewal
Item 4 is the heart of the form, where you explain why you fear future abuse. The legal standard from Ritchie v. Konrad is reasonable apprehension of future abuse, judged by both a subjective and an objective test. You do not need new abuse, but you do need to convince the judge that a reasonable person in your shoes would still be afraid.
You should describe specific facts, not just feelings. Useful facts include violations of the current order, threats made to mutual friends, social media posts, the original abuse, and the restrained person’s pattern of behavior. The consequence of writing only “I am scared” is that the judge has nothing to weigh and may deny the renewal. Tom writes a detailed list of three voicemail threats, two drive-bys, and the original 2022 assault; the judge grants a permanent renewal.
A common misconception is that no contact since the order means you cannot renew. The court of appeal in Cooper v. Bettinger held that compliance with the order is not by itself a reason to deny renewal, because the order may be the only thing keeping the restrained person away. You should still describe the original abuse in detail, because that history supports a finding of reasonable fear.
Item 5: Children and Other Protected People
Item 5 asks if children or other protected people listed on the original order should still be covered. Check the box for each person you want included. The consequence of leaving a child off the renewal is that the child loses protection on the expiration date, even if you stay protected.
If a child has aged out (turned 18) or no longer needs protection, you can ask the court to drop them. Marcus renews his order but lets his now-adult son fall off the protected list, since the son lives in another state.
Item 6: Other Orders You Want Renewed
Item 6 covers move-out orders, custody and visitation orders, child support, spousal support, property control, and firearms surrender. You can ask for each of these to be renewed along with the protective piece. The Family Code §6389 firearms ban continues for the life of the renewed order, so the restrained person must keep guns turned in.
A common mistake is assuming that custody orders renew automatically. They do not. If you want the custody and visitation portion to continue, you must check the box and attach a current parenting plan. Jennifer forgets to check the custody box, and her ex files a new custody motion the day the original order expires.
Signature and Date
Sign and date the form under penalty of perjury. The consequence of signing falsely is criminal prosecution under Penal Code §118 for perjury. Make sure every fact in Item 4 is true, supported by documents you can produce at the hearing.
The Full DV-7xx Renewal Packet
DV-700 never travels alone. The clerk requires a packet that includes DV-710 (Notice of Hearing), DV-720 (Proof of Service), and a proposed DV-730 (Order Renewing Restraining Order). Some counties also want DV-250 for confidential addresses and FW-001 for fee waivers.
DV-710: Notice of Hearing
DV-710 tells the restrained person when and where the renewal hearing will take place. The clerk fills in the date and time after you file DV-700. You then must serve the restrained person with the entire packet at least five court days before the hearing under Code of Civil Procedure §1005.
DV-720: Proof of Service
DV-720 is filled out by the person who serves the restrained person, and that person cannot be you. Use a friend over 18, a process server, or your county sheriff. The consequence of personal service by the protected party is that the service is invalid and the hearing is continued or dismissed.
DV-730: Proposed Order Renewing the Restraining Order
DV-730 is the order you want the judge to sign. Filling it out in advance speeds up the hearing and shows the judge exactly what you want. Karen drafts a clean DV-730 that mirrors her original DV-130, and the judge signs it on the spot at the hearing.
Three Common Renewal Scenarios
The next table shows three common fact patterns and the likely court response.
| Filer’s Situation | Likely Court Response |
|---|---|
| No contact for three years, original strangulation incident, filer still has nightmares and changed jobs to avoid the area | Renewal granted, often permanent under Ritchie because original abuse was severe |
| Restrained person violated the order twice in the last year by texting and showing up at the school | Renewal granted permanently; violations are strong evidence of future risk |
| Filer and restrained person share custody, exchanges are tense, no violations but filer fears escalation | Renewal often granted for 5 years with revised custody language |
Scenario A: Quiet Three Years, Severe Original Abuse
Sandra obtained a five-year order in 2021 after her husband strangled her. He has not contacted her since. The judge applies the Ritchie test, considers the severity of the strangulation, and grants a permanent renewal because severe original abuse plus continued fear meets the reasonable-apprehension standard.
Scenario B: Active Violations During the Order
David has a three-year order against his ex-girlfriend. She has texted him twice and parked outside his apartment once during the past year. The court treats each violation as new evidence of future risk, and a permanent renewal is the typical result.
Scenario C: Co-Parenting Without Violations
Hassan shares two children with his ex-wife. There have been no violations but exchanges are tense and the original abuse included threats with a knife. The court grants a five-year renewal and tightens the exchange location to a supervised visitation center.
Mistakes to Avoid
Each of these mistakes has cost real California survivors their protection. Knowing them in advance keeps you safe.
- Filing after the expiration date, which destroys the court’s power to renew the order
- Listing your unsafe home address instead of using Safe at Home, which lets the restrained person find you
- Personally serving the restrained person, which invalidates service and risks the hearing
- Leaving Item 4 blank or vague, which gives the judge no facts to weigh
- Forgetting to check the custody, support, or firearms boxes in Item 6, which lets those orders die
- Skipping the DV-720 Proof of Service, which means the hearing cannot proceed
- Choosing the wrong county or wrong case number, which sends your filing into a black hole
Filing Logistics, Fees, and Service
DV-700 has no filing fee under Government Code §70617 when it is filed in a domestic violence case. Many counties allow e-filing through portals like LA Court Connect and SF Superior Court File and Serve. Other counties still require paper filing at the clerk’s window.
After filing, the clerk stamps your DV-710 with a hearing date. You must then arrange personal service of the entire packet on the restrained person. The county sheriff serves these papers for free when the case involves domestic violence.
If service fails, you can ask the court for a continuance using DV-115 and request that the original order be extended in the meantime. The judge has the power to extend the original order while service is pending, which is the only safe way to avoid a gap in protection.
Local County Variations
Some counties, including Los Angeles Superior Court and San Francisco Superior Court, have local rules that change drop-off times and required courtesy copies. Check your specific county self-help center before filing. Eva in Alameda finds that the family law clerk only accepts DV-700 packets between 8 a.m. and 12 p.m., a rule that is not in the statewide instructions.
Fee Waivers and Hardship
Even though DV-700 itself has no fee, related costs like certified copies and process server fees can add up. File Form FW-001 to ask for a fee waiver if you receive Medi-Cal, CalFresh, or your income falls below the chart in Form FW-001-INFO. The waiver covers sheriff service, transcripts, and most court fees.
The Renewal Hearing
The renewal hearing is shorter than the original DV-100 hearing, but it is still a real hearing where both sides can testify. You should bring copies of police reports, text messages, voicemails, and witnesses. The judge applies the Ritchie v. Konrad two-part test: a subjective fear in your mind and an objectively reasonable basis for that fear.
The restrained person can show up and contest the renewal. They may argue that they have moved on, that there has been no contact, or that the original abuse was minor. The court of appeal answered these arguments in Cooper v. Bettinger, holding that lack of new abuse and a clean record are not enough to defeat renewal when reasonable fear remains.
If the restrained person does not show up, the judge can grant the renewal by default. You still must prove reasonable apprehension, even in a default, because the burden of proof stays on you. Robert’s ex never appears at the hearing; Robert testifies for ten minutes about the original abuse and his ongoing fear, and the judge grants a permanent renewal.
What to Bring to Court
Bring three copies of every document, your photo ID, any witnesses, and a list of facts in date order. Dress neatly and arrive 30 minutes early. The consequence of arriving late is that the judge may call your case and dismiss it for non-appearance. Nguyen arrives ten minutes late and finds his case already dismissed; he has to refile and re-serve.
Testifying Effectively
Speak clearly, stick to the facts, and answer only the question asked. Avoid name-calling and stay respectful, even if the restrained person is rude. Judges value calm, fact-based testimony, and the consequence of getting emotional or argumentative is that the judge may discount your credibility.
Permanent vs. Five-Year Renewal
The next table compares the two renewal lengths to help you choose.
| Permanent Renewal | Five-Year Renewal |
|---|---|
| Lasts forever unless restrained person moves to dissolve | Ends in 5 years; you must refile DV-700 again |
| Available under Family Code §6345 on first or later renewal | Also available, easier sell to some judges |
| Best when abuse was severe or violations continue | Best when situation is improving but fear remains |
Do’s and Don’ts
- Do file at least 30 days early to leave a service buffer
- Do describe specific facts in Item 4, including dates and witnesses
- Do use Safe at Home to keep your address private
- Do draft a clean DV-730 so the judge can sign at the hearing
-
Do bring three sets of copies and a witness if possible
-
Don’t serve the papers yourself, because the service is invalid
- Don’t assume custody or firearms terms renew without checking the boxes
- Don’t let the order expire while waiting for a continued hearing without a written extension
- Don’t use nicknames or different name spellings on the form
- Don’t threaten or contact the restrained person, even to talk about the renewal
Pros and Cons of Renewing
- Pro: Continued legal protection without proving new abuse
- Pro: Continued firearms ban under Family Code §6389
- Pro: Renewed custody and support orders if you ask for them
- Pro: No filing fee under Government Code §70617
-
Pro: Permanent renewal possible on the first try
-
Con: Restrained person can appear and fight the renewal
- Con: You must testify again about the original abuse
- Con: Service can be hard if the restrained person is hiding
- Con: You may face cross-examination by the restrained person or their lawyer
- Con: A denial can leave you with no protection at all
Key Court Rulings to Know
Ritchie v. Konrad (2004) 115 Cal.App.4th 1275 sets the reasonable apprehension of future abuse standard. The court ruled that the protected party does not need to prove new abuse, only that a reasonable person would still fear future abuse. This case is the foundation of every DV-700 renewal hearing in California.
Cooper v. Bettinger (2015) 242 Cal.App.4th 77 held that compliance with the order during its term is not by itself a reason to deny renewal. The court reasoned that the order may be the only thing preventing future abuse, so a quiet three years actually supports renewal rather than defeating it.
Lister v. Bowen (2013) 215 Cal.App.4th 319 confirmed that a court may renew an order permanently on the very first renewal, without requiring an interim five-year renewal first. Many trial judges still default to five years, so cite Lister if you want permanent and the judge hesitates.
Key Entities Involved
The Judicial Council of California drafts and updates DV-700 and the rest of the DV-7xx packet. The California Department of Justice maintains the CARPOS database where renewed orders are entered. The county sheriff serves the renewal papers for free in domestic violence cases.
Legal Aid organizations across California offer free help filling out DV-700, especially through Bay Area Legal Aid, Neighborhood Legal Services of Los Angeles County, and Family Violence Appellate Project. The California Partnership to End Domestic Violence also maintains a statewide list of survivor advocates who can sit with you at the clerk’s window and at the hearing.
FAQs
Do I need to prove new abuse to renew under DV-700?
No. Under Family Code §6345 and Ritchie v. Konrad, you only need to show reasonable apprehension of future abuse, which can rest on the original abuse alone.
Can I file DV-700 after my order has already expired?
No. Once the order ends, the court loses the power to renew it, and you must start over with a new DV-100 and prove new abuse.
Is there a filing fee for DV-700?
No. Government Code §70617 waives filing fees for domestic violence renewal requests, including DV-700.
Can the judge make my order permanent on the first renewal?
Yes. Lister v. Bowen confirms that a permanent renewal is allowed on the first try, and you do not have to go through another five-year cycle first.
Do I have to serve the restrained person myself?
No. Personal service by you is invalid, so use the county sheriff, a process server, or any adult who is not a party to the case.
Will my custody and support orders renew automatically?
No. You must check the boxes in Item 6 of DV-700 and ask the court to renew custody, visitation, support, and firearms terms.
Can I ask the court to keep my address private?
Yes. Enroll in Safe at Home and file DV-250 to use a substitute address on all court papers.
Can the restrained person fight the renewal?
Yes. The restrained person can appear, file a written response, cross-examine you, and present their own witnesses at the renewal hearing.
Will the firearms ban continue if my order is renewed?
Yes. Family Code §6389 extends the firearms ban for the full length of the renewed order, including permanently if the renewal is permanent.
Can I renew an order if there has been no contact for years?
Yes. Cooper v. Bettinger holds that compliance does not defeat renewal, because the order itself may be the reason there has been no contact.
Do I have to appear at the hearing in person?
Yes. You must appear in person or by remote video as the court allows; failing to appear usually results in dismissal of the renewal request.
Can I get help filling out DV-700?
Yes. Free help is available at every county self-help center and through Legal Aid organizations across California.
Related reading
- How to Fill Out California Form DV-130 (w/Examples) + FAQs
- How to Fill Out California Form DV-150 (w/Examples) + FAQs
- How to Fill Out California Form DV-250 (w/Examples) + FAQs
- How to Fill Out California Form DV-300 (w/Examples) + FAQs
- How to Fill Out California Form DV-400 (w/Examples) + FAQs
- How to Fill Out California Form DV-730 (w/Examples) + FAQs
- How to Fill Out California Form DV-100 (w/Examples) + FAQs