Restraining order guide

If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. This guide provides general legal information about restraining orders - it is not a substitute for emergency help or attorney advice. See our full disclaimer.

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A family law attorney or domestic violence advocate can help you file the right type of petition, gather evidence, and prepare for the hearing. Many offer free assistance for protective order cases.

What is the difference between the types of protective orders?

Most states use a 3-stage system. An emergency protective order (EPO) can be issued immediately, often by a judge on call 24/7, frequently requested by police at the scene of a domestic violence incident - it typically lasts only a few days until a court hearing can be scheduled. A temporary restraining order (TRO) is issued by a judge after you file a petition, without the other party present (called "ex parte"), and typically lasts until a full hearing can be held, usually within 14 to 21 days. A permanent (or final) protective order is issued after a full hearing where both parties can present evidence, and can last anywhere from 1 year to permanently, depending on the state and the severity of the situation.

The terminology varies by state - some call these "orders of protection," "restraining orders," "no-contact orders," or "civil protection orders" - but the 3-stage structure (emergency, temporary ex parte, and permanent after hearing) is consistent nationally. If your situation involves children, the order can include custody provisions; review the child custody agreement builder once safety arrangements are stabilized, and if the other party is a family or household member, the order intersects with broader domestic violence considerations.

What do you need to prove to get a protective order?

Requirements vary by state but generally require showing: a qualifying relationship with the other party (most states require a domestic relationship - spouse, former spouse, dating partner, family/household member, though some states allow orders against anyone including strangers, coworkers, or neighbors under harassment/stalking statutes), and either actual abuse/violence, a credible threat of violence, or a pattern of harassment or stalking. Evidence that strengthens a petition includes: photographs of injuries, medical records, police reports from prior incidents, threatening text messages, emails, or voicemails, witness statements, and any documented pattern of behavior over time.

What happens at the protective order hearing?

At the full hearing (typically 2 to 3 weeks after the temporary order is issued), both parties have the right to appear, present evidence, call witnesses, and cross-examine the other side. This is a civil proceeding using the preponderance of the evidence standard (more likely than not) - a lower bar than the criminal beyond-a-reasonable-doubt standard. If the judge finds the standard is met, a permanent (or longer-term) order is issued. If the respondent doesn't appear, the judge may issue a default order based on the petitioner's evidence alone. Having an attorney at this hearing significantly improves outcomes for both petitioners seeking protection and respondents contesting unfounded allegations.

Frequently asked questions about restraining orders

In most states, emergency protective orders can be obtained the same day, sometimes within hours. Many states have an on-call judge available even outside business hours specifically for emergency situations, often requested through law enforcement at the scene of an incident. During business hours, you can typically go directly to the courthouse and file an emergency petition without an attorney, though having legal help streamlines the process and strengthens your petition. Court clerks at most courthouses can provide the necessary forms and basic procedural guidance, though they cannot give legal advice.

A permanent or final protective order is typically a matter of public record and can appear on certain background checks, particularly those used for employment in some fields, firearm purchases, and security clearances. Temporary or emergency orders that don't result in a final order after the hearing generally have less lasting record impact, though the initial filing itself may still be visible in court records depending on the jurisdiction. If you are the respondent and a final order is entered against you, it can have lasting employment and legal consequences, including a federal firearm prohibition under the Lautenberg Amendment in domestic violence-related cases.

Violating a protective order is a separate criminal offense in every state, typically prosecuted regardless of whether the underlying conduct that led to the order would itself be criminal. Call 911 immediately if a violation occurs - document the violation (texts, voicemails, witnesses, photos/video if safely possible) and report it to police. Violations often result in immediate arrest and can lead to the protected person obtaining an extended or strengthened order, in addition to separate criminal charges (typically a misdemeanor for a first violation, escalating to felony charges for repeat violations or violations involving violence).

Yes, significantly. A protective order, particularly a final order entered after a full hearing, is a major factor in custody determinations under the best-interests-of-the-child standard used in every state. Many states have statutory presumptions against awarding custody or unsupervised visitation to a parent against whom a domestic violence protective order has been entered, especially if children witnessed the violence or were directly involved. The protective order can also include specific provisions about custody and visitation as part of the order itself, separate from any later divorce or custody proceeding.

Yes, in most states, though the legal category may differ. Domestic violence protective orders typically require a qualifying relationship (spouse, family member, dating partner, household member). For situations involving a stranger, coworker, neighbor, or acquaintance, most states offer a separate civil harassment or anti-stalking restraining order with similar protections but different relationship requirements - generally requiring a pattern of harassment, credible threats, or stalking behavior rather than a domestic relationship. The evidence standards and procedures are similar, but the specific statute and petition type differ. An attorney or court clerk can confirm which type of order fits your specific relationship with the other person.