How to Get a Restraining Order
Reviewed by DocDraft Legal Team · United States · Last updated September 17, 2026
A restraining order is a civil court order that directs one person to stop abusing, threatening, harassing, or contacting another and to stay away from their home, work, and school. Every state offers this protection, but the details differ from state to state. The order goes by different names, a domestic violence restraining order in one state, an order of protection, a protective order, an injunction for protection, or a protection-from-abuse order in others, and the type you seek depends on your relationship to the person and the conduct involved. The process has the same shape everywhere. You file a petition, usually with no filing fee in a domestic-violence case, and a judge can grant a temporary emergency order the same day without the other person present if you are in immediate danger. That temporary order lasts only until a full court hearing, held within a short window that varies by state, where a judge decides whether to issue a longer final order. How long the final order lasts, which court hears it, the exact forms, and the conduct that qualifies all vary by state. This guide sets out each state's order name, filing court, emergency-order timeline, and how long a final order lasts. If you are in immediate danger, call 911; the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
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How do I get a restraining order?
You file a petition at the courthouse asking a judge to order someone to stop abusing or harassing you and to stay away. In most states there is no fee for a domestic-violence petition. A judge can grant a temporary order the same day, and a hearing is set for a longer order. The court and forms vary by state.
How long does it take to get a restraining order?
An emergency or temporary order can often be issued the same day you file, without the other person present, if a judge finds you are in immediate danger. That temporary order lasts only until a full hearing, usually held within a couple of weeks. The precise timeline varies by state.
Is there a fee to file for a restraining order?
In most states there is no filing fee to request a domestic-violence protective order, and you cannot be charged to file, serve, or issue one. A fee may apply to some civil harassment or stalking orders between people with no domestic relationship. The rules vary by state.
Frequently Asked Questions
Common types include a domestic-violence order for abuse by a partner or family member, a civil harassment or stalking order for someone you are not related to, and workplace or elder-abuse orders. The names and categories differ by state. Which one fits depends on your relationship to the person and the conduct involved.
Generally, anyone who has been abused, threatened, harassed, or stalked can ask a court for protection, and a parent or guardian can file for a child. Domestic-violence orders usually require a qualifying relationship, such as a spouse, partner, family, or household member. The eligibility rules vary by state.
Both you and the other person can attend, present evidence, and testify. The judge decides whether to grant a longer final order and what terms to include, such as no contact and stay-away distances. If the other person does not appear, the judge can still issue the order. Procedures vary by state.
A final order commonly lasts from one year to several years, and some states allow orders that do not expire or that can be made permanent. Many states let you renew an order before it ends. The maximum duration and the renewal rules vary by state.
Violating a restraining order is a crime in every state. You can call the police, who can arrest the person, and the court can hold them in contempt or impose new penalties. Keep a copy of your order with you and report every violation. The specific penalties vary by state.
No. Courts are set up for people to request protective orders on their own, and self-help forms and court facilitators are widely available. Many people file without a lawyer, especially for emergency orders. Legal help can be useful if the case is contested or the other side has a lawyer.
A restraining order is a civil court order and is generally part of the court record, and active orders are entered into a law-enforcement database so police can enforce them anywhere. It is not a criminal conviction against you. Address-confidentiality protections and access rules vary by state.
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