A restraining order (also called a protective order or order of protection) is a court order that requires a person to stop harming, threatening, stalking, or contacting another person. These orders are most commonly sought in domestic violence situations but can also apply to harassment, stalking, elder abuse, and other threatening situations.
17 steps across 2 sections
1. Steps Process
- Assess Your Situation and Safety
- If you are in immediate danger, call 911
- Contact the National Domestic Violence Hotline: 1-800-799-7233 (SAFE)
- Document incidents of abuse, threats, or harassment (dates, times, details, photos, messages)
- Develop a safety plan before and after filing
- Consider reaching out to a local domestic violence shelter or advocacy organization for support
- Determine the Type of Order You Need
- Domestic violence / family protection order: For abuse by a current/former spouse, partner, family member, or household member
- Civil harassment restraining order: For harassment, stalking, or threats by someone who is not a family member or intimate partner
- Elder abuse restraining order: For abuse of someone 65 or older
2. Key Details
- Cost: Free for most domestic violence orders; some civil harassment orders have fees ($50-$100, waivers available)
- Speed: Temporary orders can be issued the same day as filing; full hearing within 2-3 weeks
- Duration: Final orders typically last 1-5 years; renewable
- Enforcement: Violations are criminal offenses — call 911 if the order is violated
- Firearms: Under federal law, respondents subject to protective orders are prohibited from possessing firearms
- Nationwide enforcement: Under the Violence Against Women Act, restraining orders must be enforced across state lines
- Children: The court can include temporary custody provisions in the protective order
Common Mistakes
- Not documenting incidents of abuse or threats (documentation strengthens your...
- Waiting too long to file — file as soon as you feel unsafe
- Not requesting all the protections you need (be thorough in your petition)
- Contacting the respondent after the order is issued (this can complicate enfo...
- Not bringing evidence to the hearing (photos, messages, police reports, medic...
Pro Tips
- Contact your local domestic violence advocacy organization — they often provi...
- Keep multiple copies of the order: in your bag, at home, at work, at your chi...
- Save the hearing date immediately and set multiple reminders — missing the he...
- If the respondent violates the order, call 911 immediately and file a police ...
- Take screenshots of threatening text messages and social media posts, and sto...