Protective Orders & Restraining Orders

A protective order is a court order that legally prohibits a person (the respondent or abuser) from engaging in certain behaviors toward another person (the petitioner or survivor). Despite different names across states — restraining order, order of protection, protective injunction, or abuse prevention order — they all serve the same basic purpose: to protect you from abuse, threats, harassment, and stalking.

Protective orders are civil orders, which means you do not need to press criminal charges to get one. You file a petition with the court, and a judge decides whether to grant it based on your description of the abuse or threat of abuse. The abuser does not need to have been arrested or convicted of anything for you to qualify.

Violating a protective order is a criminal offense in every state. If the abuser breaks the terms of the order — contacting you, coming near you, or committing further abuse — they can be arrested and charged with a crime, even if the underlying abuse was never criminally prosecuted.

Emergency Protective Order (EPO): Also called an ex parte order. This is issued immediately, often the same day you file, without the abuser being notified or present in court. A judge reviews your petition and can grant an EPO if there is an immediate threat of harm. Emergency orders typically last 5 to 30 days, depending on the state, and serve as a bridge until a full hearing can be scheduled. In some states, law enforcement officers can request an EPO on your behalf outside of court hours — for example, if police respond to a domestic violence call at night, they can contact a judge to issue an EPO right away.

Temporary Protective Order (TPO): Issued after the initial filing, a temporary order remains in effect until the court can hold a full hearing where both parties can present evidence. This hearing is typically scheduled within 10 to 21 days of the TPO being issued. The abuser is served with notice of the temporary order and the hearing date.

Final (Permanent) Protective Order: After the full hearing, the judge can issue a final protective order that typically lasts one to five years, though some states allow permanent orders. Final orders can be renewed when they expire. The terms of a final order are often more comprehensive than a temporary order and may include custody arrangements, property provisions, and firearm restrictions.

Criminal Protective Order: In some cases, when criminal charges are filed against the abuser, a judge may issue a criminal protective order (also called a criminal stay-away order) as a condition of the abuser's bail or probation. This is separate from the civil protective order process.

Step 1 — Go to the courthouse: Visit your local courthouse (usually the family court, domestic violence court, or district court). Many courts have a domestic violence clerk's office or self-help center that assists with the paperwork. You do not need a lawyer.

Step 2 — Fill out the petition: You will fill out forms describing the abuse, your relationship with the abuser, and what protections you are requesting. Be as specific and detailed as possible — include dates, descriptions of incidents, injuries, threats, and witnesses. You may also need to describe why you believe you are in immediate danger.

Step 3 — Meet with a judge: In most courts, a judge or magistrate will review your petition the same day. For emergency orders, this happens without the abuser being present. The judge will decide whether to grant the emergency or temporary order.

Step 4 — The abuser is served: If the order is granted, the abuser must be legally served with a copy of the order and notice of the hearing date. This is usually done by law enforcement or a process server. You should never serve the papers yourself.

Step 5 — Attend the full hearing: At the hearing, both you and the abuser can present evidence and testimony. The judge will decide whether to issue a final protective order. You can bring witnesses, photos, medical records, text messages, and any other evidence of abuse.

Important: Filing fees for protective orders in domestic violence cases are waived by federal law under the Violence Against Women Act (VAWA). You should never have to pay to file for protection from abuse. If a court tries to charge you, ask about the fee waiver.

A protective order can include a wide range of protections depending on your situation and your state's laws. Common provisions include:

No-contact order: The abuser is prohibited from contacting you in any way — no phone calls, texts, emails, messages through third parties, or social media contact.

Stay-away order: The abuser must remain a specified distance from you, your home, your workplace, your children's school, and other locations you frequent.

Exclusive possession of the home: Even if the abuser's name is on the lease or mortgage, the court can order them to move out and grant you exclusive use of the shared residence.

Child custody and visitation: The court can include temporary custody and visitation arrangements, including supervised visitation if the children are at risk.

Firearm surrender: Under federal law (18 U.S.C. 922(g)(8)), a person subject to a qualifying protective order is prohibited from possessing firearms and ammunition. Many states have additional firearm surrender requirements.

Property protection: The abuser may be ordered not to damage, hide, or dispose of shared property.

Animal protection: Many states now allow protective orders to include provisions for the safety of pets and animals.

Financial support: Some states allow courts to order temporary spousal support or child support as part of a protective order.

Counseling: The court may order the abuser to attend batterer intervention programs or counseling.

Violating a protective order is a criminal offense in every state. If the abuser violates any term of the order — contacting you, coming near you, threatening you, or committing further abuse — you should:

Call 911 immediately if you are in danger. Tell the dispatcher you have a protective order and it is being violated.

Document the violation: Save text messages, voicemails, emails, social media messages, and any other evidence. Take photos of the abuser near your home or workplace if it is safe to do so. Write down the date, time, and details of every violation.

Report to law enforcement: Even if you are not in immediate danger, report every violation to the police. Ask for a copy of the police report. Consistent documentation of violations strengthens your case.

Contact your advocate: If you are working with a domestic violence advocate, let them know about the violation. They can help you take additional steps to stay safe.

Penalties for violating a protective order vary by state but can include arrest and jail time (often a mandatory arrest in many states), criminal charges (misdemeanor or felony depending on the nature of the violation), fines, extended protective order duration, and additional protective order terms.

Under federal law, crossing state lines to violate a protective order is a federal crime (18 U.S.C. 2262) that can result in up to 5 to 20 years in federal prison depending on the severity of the offense.

Under the Violence Against Women Act (VAWA) and the Full Faith and Credit provision (18 U.S.C. 2265), a valid protective order issued in one state must be recognized and enforced in all other states, territories, and tribal lands. This means if you have a protective order from California and you travel to Texas, Texas law enforcement must enforce your order.

To ensure your order is enforceable when you cross state lines: always carry a certified copy of your order with you, register your order with the local court or law enforcement in any state where you live, work, or travel regularly, and keep the National Domestic Violence Hotline number (1-800-799-7233) available in case you need help with enforcement in another state.

You do not have to register a protective order in another state for it to be valid there — it is enforceable automatically under federal law. However, registering it makes enforcement faster and easier because local law enforcement will have the order on file.

You do not need a lawyer to file for a protective order, but free help is available:

National Domestic Violence Hotline (1-800-799-7233): Trained advocates can help you understand the process in your state and connect you with local resources.

WomensLaw.org: Provides state-by-state guides to the protective order process, including which court to go to, what forms you need, and what to expect. The site also has a live chat feature with legal information specialists.

Legal Aid: Many communities have free legal aid organizations that assist domestic violence survivors with protective orders and other legal matters. Contact your local legal aid office or call 211.

Courthouse advocate programs: Many courts have domestic violence advocate programs where trained staff help you fill out paperwork, prepare for your hearing, and navigate the court system — all for free.

Law enforcement victim advocates: Many police departments and sheriff's offices have victim advocates who can help you through the protective order process.

Law school clinics: Many law schools run free domestic violence clinics where supervised law students provide legal assistance to survivors.