Question 1

What is the difference between a civil harassment order and a domestic violence order?

Accepted Answer

The relationship between you and the other person, not the conduct. Domestic violence orders cover spouses, partners, exes, co-parents, household members and close relatives. Civil harassment orders cover everyone else, such as neighbours, coworkers, landlords and strangers. Most states make the two tracks mutually exclusive, so only one will fit.

Question 2

Do I have to prove violence to get a civil harassment restraining order?

Accepted Answer

It depends on the state, and this is the widest variation. Some states grant an order on a course of conduct that seriously alarms or annoys you with no violence at all. Others require conduct placing you in reasonable fear of bodily injury, death or sexual assault before any order can issue.

Question 3

Does every state have a civil harassment restraining order?

Accepted Answer

No. Roughly a third of states have no separate order of this kind. Some route people with no domestic relationship through the same petition a domestic violence victim uses, on a different ground. Others offer an order that reaches only sexual offences, or offer no dedicated civil petition at all.

Question 4

How long does a civil harassment restraining order last?

Accepted Answer

Final orders commonly run one to five years, and several states allow a permanent order or set no expiry date at all. A few states let the court choose any period it thinks necessary. Most allow renewal, though the window for asking and the required showing differ considerably.

Question 5

My state does not have a civil harassment restraining order. What are my options?

Accepted Answer

That depends which of three situations applies. Several states let you file the same protective order petition a domestic violence victim uses, ticking a harassment or stalking ground instead. A few offer an order reaching only sexual offences. In a handful, no dedicated civil petition exists and other remedies must be considered.

Question 6

How quickly can I get temporary protection?

Accepted Answer

Many states allow a temporary or ex parte order the same day you file, decided on your written declaration without the other person present. That temporary order typically lasts from a couple of weeks to a few months until a full hearing. One state requires the hearing within 72 hours of filing.

Question 7

Do I need a lawyer, and does it cost anything to file?

Accepted Answer

Courts are set up for people to file these petitions themselves, and most states publish a numbered form for it. Many states charge no filing fee, but several do, and a few tie the fee waiver to allegations of violence or stalking rather than to harassment generally.

Question 8

Does the conduct have to be repeated, or is one incident enough?

Accepted Answer

Most states require a course of conduct, commonly defined as two or more separate acts, so a single incident is often not enough. Some states accept one act where it involves violence, a credible threat, or an enumerated sexual offence. A few expressly allow acts on the same day to count.

Question 9

Can my employer get an order instead of me?

Accepted Answer

In some states an employer can petition for a workplace order covering an employee, and in a few that is the only route carrying the word harassment in its title. Those orders are filed by the employer, not the worker, so they are not a substitute for your own petition.

Question 10

What happens if the other person violates the order?

Accepted Answer

Violating a protective order is a crime in every state, and active orders are entered into law enforcement databases so police can see and enforce them. Keep a copy with you and report every violation. An order directs behaviour and carries consequences, but it cannot by itself guarantee safety.

Question 11

Will asking for an order put my address on the public record?

Accepted Answer

Most states let you keep your address confidential from the person you are filing against, and some publish a separate confidential information form for exactly that. Court records are otherwise generally public, and several states allow later shielding of a case that was denied or dismissed.

Question 12

Can I renew the order before it runs out?

Accepted Answer

Usually yes, and the timing matters. Several states require the request before the order expires, sometimes within a fixed window such as three months beforehand. Notably, a few states do not require proof of any further harassment since the original order, so a quiet period does not defeat renewal.

Civil Harassment Restraining Orders by State

Find out where you stand — what state are you in?

What is the difference between a civil harassment order and a domestic violence order?

Do I have to prove violence to get a civil harassment restraining order?

Does every state have a civil harassment restraining order?

How long does a civil harassment restraining order last?

Frequently Asked Questions

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