How to Get a Restraining Order: Step-by-Step Guide
8 min • Family Law
A restraining order (also called a protective order or order of protection) is a court order that prohibits one person from contacting, harassing, or coming near another person. Restraining orders are most commonly sought in situations involving domestic violence, stalking, harassment, or threats. Every state has its own procedures, but the general process is similar across jurisdictions.
The process starts by filing a petition at your local courthouse — usually in the civil or family court division. You'll need to describe in detail the incidents that led you to seek protection: dates, times, what happened, whether weapons were involved, and any injuries. Many courts have self-help centers or domestic violence advocates who can assist with the paperwork at no cost. You don't need a police report to file, though having one helps.
After filing, a judge reviews your petition the same day in most cases. If the judge finds reasonable proof of a threat, they issue a temporary restraining order (TRO) that takes effect immediately — usually lasting 14-21 days until a full hearing can be held. The TRO can order the respondent to move out of a shared residence, stay away from your home/work/school, and have no contact with you. Police will serve the order on the respondent.
The full hearing is your opportunity to present evidence and testimony before a judge. Both sides can appear and present their case. Bring all evidence: photos of injuries or damage, threatening messages (texts, emails, voicemails), police reports, medical records, and witnesses. The standard of proof is 'preponderance of the evidence' — meaning it's more likely than not that harassment or abuse occurred. If granted, a final restraining order typically lasts 1-5 years and can be renewed.
If the respondent violates the restraining order, call police immediately. Violation is a criminal offense in all 50 states and can result in arrest, fines, and jail time. Keep a copy of the order with you at all times and provide copies to your employer, your children's school, and anyone else who needs to know. Register the order in any state you travel to if you'll be there for an extended period. Your safety is the priority — have a safety plan in place.
Key Takeaways
- File a petition at your local courthouse describing specific incidents with dates and details
- A temporary restraining order (TRO) takes effect same-day and lasts until the full hearing
- At the hearing, bring all evidence: messages, photos, police reports, medical records, witnesses
- Final orders typically last 1-5 years and can be renewed before expiration
- Violation is a criminal offense — call police immediately and keep a copy of the order with you
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