Restraining Orders
How to Get a Restraining Order
Restraining orders (also called protection orders or stay-away orders) are court orders that bar someone from contacting or coming near you. They are available in every state for victims of domestic violence, stalking, sexual assault, and harassment. Filing is typically free, and emergency orders can be granted within hours. Permanent orders require a hearing where the other party can respond. Here is the process.
The Short Answer
Three types: emergency (police-issued, hours to days), temporary (court-issued without notice to other party, 14-21 days), permanent (after full hearing, 1-5 years). Filing is typically free. You don't need a lawyer but legal aid or a domestic violence advocate can help. Bring evidence: texts, photos, police reports, medical records, witnesses. Violation is a separate criminal offense. Federal law makes most domestic-violence restraining orders enforceable across state lines.
How we wrote this: Our editorial team reviewed published rates, court rules, statutes, peer publications, and our own data from working with vetted firms. We do not accept payment for placement, and we do not write sponsored content. More on our methodology →
Three types of restraining orders
Emergency Protective Order (EPO). Issued by police or a magistrate at the scene of a domestic-violence incident or shortly after. Lasts 5-7 days in most states. Used for immediate safety while the victim files for a longer order.
Temporary Restraining Order (TRO). Issued by a court ex parte (without the other party present) based on the victim's affidavit. Lasts 14-21 days until the full hearing. Cost: typically free.
Permanent / Final Restraining Order (FRO). Issued after a full hearing where both parties can present evidence. Typically lasts 1-5 years; renewable. Some states have lifetime orders for severe cases.
Most cases follow this sequence: incident occurs → emergency order from police → file TRO at courthouse next business day → full hearing 14-21 days later → permanent order issued.
Civil harassment orders (against non-domestic individuals - neighbors, coworkers) follow similar procedures but with different state forms.
Who qualifies
Domestic violence restraining orders cover relationships - current or former spouse, current or former dating partner, person you live with, parent of your child, certain close blood relatives.
Civil harassment orders cover non-domestic individuals - neighbors, coworkers, acquaintances who are stalking or harassing you.
Stalking and sexual assault have specific forms in many states.
Workplace violence orders. Some states allow employers to seek orders on behalf of employees being threatened at work.
Elder abuse orders. Many states have specific procedures for protecting older adults.
School/educational orders. Some states have orders specifically for students being stalked or harassed.
Most states require some pattern of conduct - not just one incident - for civil harassment orders, but a single severe incident often qualifies.
How to file - step by step
Step 1 - Get to safety. Call 911 if you're in immediate danger. Otherwise, get to a safe location.
Step 2 - Decide where to file. Typically your county courthouse - family court for domestic violence, civil court for civil harassment.
Step 3 - Gather evidence: text messages, voicemails, emails, photos of injuries or property damage, social media screenshots, police reports, medical records, witness names and contact info, threats in writing or recorded.
Step 4 - Get the forms. Most courts post forms online or have them at the clerk's office. State self-help websites publish them. Common form names: TRO Petition, Petition for Order of Protection, Application for Restraining Order.
Step 5 - Fill out the petition. Be specific about incidents - dates, times, places, what was said or done, what injuries or damage resulted. Vague petitions get denied.
Step 6 - File at the courthouse. Filing is typically free for DV orders. The clerk reviews the paperwork.
Step 7 - Same-day TRO hearing (ex parte). A judge reviews the petition. If facts support an emergency, the judge issues a TRO immediately, lasting 14-21 days.
Step 8 - Service of process. The TRO must be served on the other party. Sheriff or process server hand-delivers it. Service is typically free for DV orders.
Step 9 - Full hearing 14-21 days later. Both parties can present evidence. The judge decides on a permanent (1-5 year) order.
Step 10 - Carry the order. Keep a copy with you at all times. File copies with your employer, school, or other places where the other party might appear.
What restraining orders prohibit
No contact - in person, by phone, by text, by email, by social media, by mail, through third parties.
Stay-away distance - typically 100-500 feet from your home, workplace, school, child's school.
Surrender of firearms. Federal law (Lautenberg Amendment) and most state laws require respondents under DV protective orders to surrender firearms.
Sometimes orders include: temporary custody of children, exclusive use of a shared residence ("kick-out" orders), child support, spousal support pending divorce, payment of injury-related medical bills, damage repairs.
Vehicles. Sometimes orders include exclusive use of a shared vehicle.
Pets. Many states now allow orders to include pets - barring contact and giving exclusive custody to the petitioner.
Move-out provisions. The respondent must vacate a shared residence within a specified time.
How to enforce a restraining order
Carry a copy. Police need to see the order to enforce.
Document violations. Save voicemails, screenshot texts, photograph appearances. Date and time everything.
Call 911 for any violation. Violation of a restraining order is itself a crime in every state. Police make arrests on probable cause.
File a contempt motion. In addition to criminal violation, you can file a contempt motion in the issuing court for civil sanctions (additional restrictions, fines, jail).
Federal enforcement. The federal Violence Against Women Act (VAWA) makes most domestic-violence orders enforceable across state lines. If the respondent crosses state lines and contacts you, federal charges are available.
Federal firearm prohibition. Domestic-violence respondents are barred from possessing firearms under federal law. Violation is a federal crime.
What if you're served with a restraining order against you
Comply immediately. Even if you think the order is unjust, follow it. Violation is a crime and creates a criminal record that will follow you.
Don't contact the petitioner. Not to apologize, explain, or ask why. Even friendly contact is a violation.
Surrender firearms within the deadline. Failure can be a federal crime.
Hire a lawyer for the hearing. Restraining orders affect immigration, employment, professional licenses, child custody, and your ability to possess firearms. The cost of contesting is far less than the cost of an unwarranted permanent order.
Gather your evidence. Texts, emails, witnesses, alibi documentation, anything that contradicts the petition.
Show up at the hearing. Failure to appear results in a default permanent order.
Don't admit anything. Particularly if criminal charges may follow.
Consider asking for mutual restraining order if there's evidence the petitioner also engaged in harassment.
Need a vetted family law lawyer?
Tell us about your situation and we'll match you with two or three vetted attorneys within 24 hours. Free, confidential, no obligation.
Request Free Consultation →Quick lead form — free attorney match
Fill this out and we will match you with two or three vetted firms within 24 hours. No fee. No obligation. Privacy policy.
Frequently asked questions
How fast can I get a restraining order?
Emergency police-issued orders can be granted within hours of an incident. Court-issued TROs can be granted same-day or next-day. Full hearing is 14-21 days later.
Do I need a lawyer to get a restraining order?
Not legally required. Many people file pro se with help from court self-help centers and DV advocates. A lawyer is helpful for contested hearings or where there are complications (custody, immigration consequences for respondent).
How much does a restraining order cost?
Filing fees are typically waived for domestic violence orders. Service of process is free. Lawyer fees if you hire one: $500-$3,000 for a typical case.
How long does a restraining order last?
TROs last 14-21 days until the full hearing. Permanent orders typically last 1-5 years; some states issue lifetime orders. Renewable on request.
Can I drop the restraining order later?
You can file a motion to dismiss. The court reviews the request - in some states, dismissals are routinely granted; in others, the court may decline if the underlying conduct was severe.
Do restraining orders work?
Most are followed - studies show 60-80% compliance. Violations happen and are taken seriously, with arrest and prosecution. The order itself doesn't physically protect you - safety planning, firearms removal, and changing routines are also important.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team