Renewing A Restraining Order: Reasonable Fear of Future Abuse

Restraining orders may be renewed before expiration by application to the court stating the reasons for the request for renewal. What the court will for is whether there is a reasonable fear of future abuse. The more serious the underlying conduct, the more likely the court will find fear of future abuse is justified.

The recent case of In re Marriage of Martindale & Ochoa further discussed the issue and specifically stated that the fear of future abuse must be measured against the standard of a reasonable person. Would a reasonable person fear for future abuse? The standard cannot be totally subjective. In addition, efforts made by the restrained party to avoid contact, or lack of attempts by the protected party to avoid contact, can be considered.

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