Immediate Deadlines
- If in immediate danger, call 911 or seek emergency protective order:Same day; courts have on-call judges
- Hearing on temporary order:Usually within 14-21 days of filing
- Service on respondent:Before the hearing — usually 5-7 days notice required
Documents You'll Need
- Photos of injuries (with dates)
- Medical records of injuries
- Police reports
- Threatening texts, emails, voicemails
- Witness names and contact info
- Photos of property damage
- Restraining order from another state (if applicable)
Step-by-Step
Get to safety first
If you're in immediate danger, call 911. Go to a safe location: friend, family, domestic violence shelter (call the National Domestic Violence Hotline 1-800-799-7233 for local resources). Do not contact the abuser to inform them you're seeking an order — this can escalate violence.
Document the abuse or harassment
Save threatening messages (screenshot texts, voicemails). Photograph injuries with timestamps. Get medical records. Save threatening social media posts. Write down dates, times, and details of incidents while memory is fresh. Keep copies in a safe location the abuser cannot access.
Go to the courthouse to file
Find your local family court, civil court, or domestic violence court. Most courts have advocates or court navigators who help with paperwork. Filing is FREE for protective orders. Forms typically include: Petition for Protective Order, supporting affidavit describing the abuse, and request for emergency relief.
Request a temporary order (TRO)
Ask the judge for a Temporary Restraining Order or Ex Parte Order — issued the same day, without notice to the abuser. The TRO typically: prohibits contact, orders the abuser to stay away from you/home/work/school, can grant temporary custody and exclusive home use. The TRO lasts until the full hearing (10-21 days).
Serve the respondent
The abuser must be formally served with the TRO and notice of the hearing. The sheriff usually serves protective orders for free. Service ensures due process before a permanent order can issue. Keep proof of service.
Attend the full hearing
Within 14-21 days, return to court for a contested hearing. Bring all evidence: photos, messages, medical records, witnesses. The respondent can attend and present their side. The judge decides whether to issue a Final Order of Protection (typically 1-5 years, renewable).
Enforce and renew the order
Carry a copy at all times. Any violation = call 911 — violation is criminal contempt. Notify employer, school, family of the order. To extend before expiration, file a motion to renew with evidence of continued threat. Out-of-state orders are enforceable under federal Full Faith & Credit (Violence Against Women Act).
How This Varies by State
Order types vary: California has Domestic Violence Restraining Orders (DVROs), Civil Harassment Orders, and Workplace Violence Orders. Texas issues Protective Orders (family violence) and Magistrate's Orders of Emergency Protection. New York has Family Court Orders of Protection and Criminal Court Orders of Protection. Duration: usually 1-5 years; can be permanent in some states. Some states (CA, NY) have detailed firearm surrender requirements. The federal Violence Against Women Act requires all states to honor each other's orders.
Federal Law Considerations
Federal law (18 USC § 922(g)(8)) prohibits firearm possession by anyone subject to a qualifying domestic violence restraining order. The Lautenberg Amendment also bans firearm possession after misdemeanor domestic violence convictions. Tribal court protective orders are enforceable on tribal lands and across state lines under VAWA.
Common Mistakes to Avoid
- Telling the abuser before filing — increases danger
- Going alone without support — bring a friend or advocate
- Failing to bring evidence to the full hearing
- Communicating with the abuser after the order issues
- Not enforcing violations — every violation should be reported
Official Resources
Related Resources on This Site
Forms
- petition for protective order
- domestic violence affidavit
When to Get a Lawyer
- If the abuser has a lawyer at the hearing
- If protective order is connected to a divorce or custody case
- If you have complex assets or business with the abuser
Frequently Asked Questions
Do I need a lawyer?
What if the abuser violates the order?
Will my abuser know I filed?
Can I get a protective order against someone I'm not related to?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.