A Domestic Violence Restraining Order (DVRO) renewal is for a five-year minimum period. A.H. was granted a one-year DVRO in conjunction with the dissolution of her marriage to S.H. About five years later, A.H. requested another DVRO against S.H. and was granted a nine-month DVRO. Just prior to the expiration of the nine-month DVRO, A.H. filed a request to renew it. The trial court ordered another nine-month DVRO, over the objection of A.H., finding that it had the discretion to order a DVRO for a period less than five years. A.H. appealed and the reviewing court reversed. The plain language of Family Code section 6345, subdivision (a) provides that a DVRO “may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court…” Here, the family court’s ruling renewal of the DVRO for a period of less than five years was contrary to the mandatory minimum duration set out in section 6345 and must be reversed.

The full opinion is available on the court’s website here: http://www4.courts.ca.gov/opinions/documents/B338817.PDF