How to Get a Restraining Order

A restraining order (also called a protective order or order of protection) is a court order that legally prohibits a person from contacting, approaching, or harassing you.

Types of restraining orders:

Emergency/temporary — Issued immediately, often without the other party present, lasting 5-14 days until a hearing.

Temporary (TRO) — Issued after an initial petition, lasting until the full hearing.

Permanent/final — Issued after a full hearing where both parties present evidence, typically lasting 1-5 years and renewable.

Who can get one. Generally available to victims of domestic violence, stalking, harassment, sexual assault, or threats of violence. Eligibility varies by state and relationship type.

How to file:

Go to your local courthouse (family court, domestic relations court, or civil court).

Complete the petition forms describing the abuse, threats, or harassment with specific dates and details.

Submit the petition to a judge or magistrate.

The judge may grant a temporary order the same day based on your petition alone.

A hearing is scheduled (usually within 10-21 days) where both parties can present evidence.

At the hearing, the judge decides whether to issue a longer-term order.

What the order can require:

No contact (calls, texts, emails, social media)

Stay away from your home, workplace, and school

Temporary custody of children

Surrender of firearms

Move out of a shared residence

Violation. Violating a restraining order is a criminal offense that can result in arrest, fines, and jail time.

This is legal information, not legal advice.