Trial court had discretion to determine whether to grant extension of restraining order

The Code of Civil Procedure section 527.6, subdivision (j)(1) does not provide for the automatic extension of restraining orders, but rather for the extension of restraining orders at the discretion of the court. In this case, the plaintiff timely filed a request for an extension of a restraining order. The defendant contested it on the basis that there was no reasonable probability of future harassment. The trial court granted the request, stating that section 527.6 provided for automatic extension and all that was left to decide was the extension’s duration. The Second Appellate District reversed and remanded, holding that the trial court had erred in failing to recognize that it had discretion to determine whether to grant the extension. [Cooper v. Bettinger, (Cal. Ct. App. 2015) 14 C.D.O.S. 12198]

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