Family Law
If you are being threatened, harassed, or harmed by someone, a restraining order can legally require that person to stay away from you. Here’s how they work and how to get one.
What is a Restraining Order?
A restraining order — also called a protective order — is a court order that requires a person to stop certain behavior, stay away from you, or have no contact with you. Violating a restraining order is a criminal offense that can result in arrest and jail time.
Types of Restraining Orders
Emergency Protective Order (EPO)
Issued by law enforcement on the spot — often the same night as a domestic violence incident. It provides immediate short-term protection, typically lasting just a few days, giving you time to go to court for a longer-term order.
Temporary Restraining Order (TRO)
Issued by a judge quickly — sometimes the same day you apply — without the other person present. It lasts until a full court hearing can be scheduled, usually within a few weeks.
Permanent Restraining Order
Issued after a full court hearing where both sides can present their case. Despite the name, it is not always permanent — it may last one to five years depending on your state, and can be renewed.
What Can a Restraining Order Do?
Depending on your situation, a restraining order can:
- Require the person to stay a certain distance away from you, your home, your workplace, and your children’s school
- Prohibit all contact — in person, by phone, text, email, or through third parties
- Order the person to move out of a shared home
- Grant you temporary custody of children
- Require the person to surrender firearms
How to Get a Restraining Order
1. Go to Your Local Courthouse
Go to the family court or civil court clerk’s office in your county. Tell them you need to file for a protective order. Most courthouses have self-help centers or advocates who can assist you with the paperwork at no cost.
2. Complete the Application
You will fill out forms describing what happened — including specific incidents with dates, what was said or done, and any injuries or threats. Be as detailed and factual as possible. The more specific you are, the stronger your case.
3. See a Judge
A judge will review your application — often the same day. If the judge believes you are in danger, they will issue a Temporary Restraining Order immediately. Filing fees are often waived in domestic violence cases.
4. Serve the Other Person
The restraining order does not take effect until the other person is officially served with a copy. The court or local law enforcement can handle service — you do not have to do it yourself.
5. Attend the Full Hearing
A hearing will be scheduled — usually within 2 to 3 weeks — where both sides can present their case. Bring any evidence you have: photos, text messages, medical records, police reports, or witness statements. If the judge rules in your favor, a longer-term order will be issued.
If the Order is Violated
Call 911 immediately. Violation of a restraining order is a criminal offense. Keep a copy of your order with you at all times and provide copies to your workplace, your children’s school, and anyone else who may need to enforce it.
Key Takeaways
- A restraining order legally requires someone to stay away from you and have no contact
- You can get a temporary order the same day you apply if a judge believes you are in danger
- Go to your local courthouse — self-help centers can assist you for free
- Be specific and detailed when describing incidents on your application
- The order must be served on the other person before it takes effect
- Violation of a restraining order is a criminal offense — call 911 immediately
Disclaimer: The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.