Restraining Orders: How to Get Legal Protection
A restraining order (also called a protective order or order of protection) is a court order that requires one person to stay away from another. These orders are a critical legal tool for victims of domestic violence, stalking, harassment, and threats.
Types of Restraining Orders
Emergency Protective Order (EPO)
Issued by law enforcement (usually at the scene of a domestic violence incident)
Takes effect immediately, typically lasts 5-7 days
Provides temporary protection until you can get to court
Temporary Restraining Order (TRO)
Issued by a judge, often without the other party present (ex parte)
Usually lasts 20-25 days until a full hearing can be scheduled
Can be obtained the same day you file in many courts
Permanent Restraining Order
Issued after a full hearing where both parties can present evidence
Despite the name, typically lasts 1-5 years (varies by state)
Can be renewed before it expires
Who Can Get a Restraining Order?
Depending on your state and the type of order, you may be eligible if you are:
A victim of domestic violence (current or former spouse, partner, or household member)
A victim of stalking
A victim of sexual assault
Being threatened with physical harm
Being harassed (repeated unwanted contact)
A parent seeking protection for a child
What a Restraining Order Can Do
Stay-away order: The person must remain a specified distance from you, your home, workplace, and children's school
No-contact order: Prohibits all communication including calls, texts, emails, and social media
Move-out order: Orders the person to leave a shared residence
Custody and support: Can grant temporary custody and child/spousal support
Property control: Can grant temporary use of a shared vehicle or other property
Firearms surrender: Many states require the restrained person to surrender firearms
Step-by-Step: How to Get a Restraining Order
Step 1: Go to the Courthouse
Visit the clerk's office at your local courthouse
Ask for the restraining order or protective order forms
Many courts have self-help centers with staff who can assist you
Some courts allow online filing
Step 2: Complete the Petition
Describe in detail the abuse, threats, or harassment you have experienced
Include specific dates, locations, and descriptions of incidents
List any witnesses
Attach any evidence (photos of injuries, threatening messages, police reports)
Step 3: See the Judge
In many courts, you can see a judge the same day for a temporary order
The judge will review your petition and may ask questions
If granted, the TRO is effective immediately
Step 4: Serve the Other Party
The other party must be formally notified of the order and the hearing date
Service is usually done by law enforcement or a process server at no cost to you
The order is not enforceable until the other party has been served
Step 5: Attend the Hearing
A full hearing is scheduled within 20-25 days
Both parties can present evidence and testimony
Bring all documentation: police reports, medical records, photos, text messages, witness statements
The judge will decide whether to issue a longer-term order
Enforcing a Restraining Order
Keep a copy of the order with you at all times
Call 911 immediately if the order is violated
Violation of a restraining order is a criminal offense (misdemeanor or felony depending on the circumstances)
Document every violation, even if you do not call police
Safety Planning
A restraining order is one part of a safety plan. Also consider:
Creating a safety plan with a domestic violence advocate
Changing locks and security codes
Alerting your employer and children's school
Keeping an emergency bag packed
Saving important documents in a safe location
Key Terms: Ex parte — a hearing where only one party is present. Petitioner — the person seeking the order. Respondent — the person the order is against. Service of process — formal delivery of legal documents.
Disclaimer: If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. Restraining order procedures vary by state.