How to Get a Restraining Order

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

Go to your local courthouse or its website to file a petition describing the abuse, threats or harassment. A judge can issue a temporary order the same day without the other person present. A hearing follows, usually within a few weeks, where both sides can speak; the judge then decides on a longer-term order. Filing for domestic violence protective orders is generally free, and advocates can help.

A restraining order (also called a protective order or order of protection) is a court order that requires someone to stop certain conduct and stay away from you (Cornell LII).

Types of orders

  • Domestic violence protective orders: for abuse by a spouse, partner, family or household member, or dating partner
  • Civil harassment or stalking orders: for neighbors, coworkers, acquaintances or strangers
  • Emergency protective orders: issued quickly, sometimes by phone at police request, for a few days
  • Criminal protective orders: issued in a criminal case against the defendant

Steps to get an order

  1. Get the forms at the courthouse clerk, a domestic violence advocate's office, or the court's website.
  2. Describe what happened in detail: dates, specific acts, threats, injuries, and any weapons. Include the most recent and most serious incidents.
  3. Attach evidence: photos, texts, emails, voicemails, police reports, medical records, witness names.
  4. Ask for a temporary order. A judge can issue a temporary order ex parte, without the other person present, if there is immediate danger.
  5. Service. The other person must be served with the order and the hearing notice, often by law enforcement at no cost.
  6. Attend the hearing. Both sides can present evidence. The judge decides whether to issue a longer order, which can last months or years depending on the state.

Many states do not charge filing fees for domestic violence protective orders.

What an order can include

  • No contact, including through third parties or online
  • Stay-away distances from your home, work, school and car
  • Move-out orders from a shared home
  • Temporary custody and visitation terms
  • Firearm surrender
  • Protection for children and pets in many states

Enforcement

Violating an order is a crime, and orders are enforceable in every state (18 U.S.C. 2265). Keep a copy with you. See what happens if a restraining order is violated.

Safety planning

A court order is one part of a safety plan. Advocates at the National Domestic Violence Hotline can help plan for safety and connect you with local services. See legal options for domestic violence victims.

A family lawyer or legal aid office can represent you at the hearing, which is especially helpful if the other person has a lawyer.

Sources

  1. Cornell Law School LII: Restraining order
  2. Cornell Law School LII: 18 U.S.C. 2265, Full faith and credit given to protection orders
  3. National Domestic Violence Hotline

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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