§ 768 Successive petitions

If your petition gets denied under section 764, you have to wait 90 days before you can file the same type of petition again. This waiting period is meant to stop people from filing the same request over and over right after a judge has already said no.

There's one exception. If the judge's denial order specifically says you can refile sooner, then you don't have to wait the full 90 days. So it's worth checking the exact wording of the denial to see if the judge gave you permission to come back earlier.

If you want to refile after a denial, make sure you either wait out the 90 days or get the judge's approval to do it sooner. Filing too soon without that approval could mean your new petition gets rejected on procedural grounds, even if your underlying request has merit.