Cooper v. BettingerAnnotate this Case
Defendant appealed from an order renewing a civil harassment restraining order against him under section 527.6, subdivision (j), of Code of Civil Procedure. The court held that renewal under section 527.6, subdivision (j)(1) is not automatic; instead the trial court has discretion whether to renew the restraining order and the duration of the restraining order. The court reversed because the trial court incorrectly assumed it had no discretion to decide whether or not to renew the restraining order in the first place. The court declined to award attorney fees to defendant because it would be premature at this stage.