How to Get a Restraining Order: Step-by-Step Guide
A restraining order, also called a protective order in many states, is a court order that legally requires someone to stay away from you and stop contacting or harassing you. If you are in immediate danger, always call 911 first. This guide explains the general process once you are safe and ready to pursue legal protection.
Types of Restraining Orders
Most states offer more than one type, and knowing the difference matters for how quickly you get protection and how long it lasts. Courts refer to the first, same-day order as an “ex parte” order, meaning it is issued after hearing from only one side, because the situation is urgent.
| Type | How Fast It Is Issued | Typical Duration |
|---|---|---|
| Emergency Protective Order | Same day, often by police or an on-call judge | A few days |
| Temporary (Ex Parte) Restraining Order | Based on your written statement alone, often within days | Until the full court hearing, typically 14 to 21 days later |
| Permanent (Final) Restraining Order | After a full court hearing with both sides present | Months to several years, sometimes renewable |
Who Can Request One
Rules vary by state, but restraining orders commonly cover situations involving domestic violence, dating relationships, stalking, harassment, or sexual assault. Some states have separate “civil harassment” orders for situations that do not involve a close relationship, such as a neighbor or coworker.
Step-by-Step: How to Get a Restraining Order
What Happens If the Order Is Violated
Violating a restraining order is a crime in every state. If the person subject to the order contacts you, comes near you, or violates any of its terms, call the police immediately and report it. Keep a record of every violation, including screenshots and dates, since this evidence matters if the case goes back to court.
Evidence to Keep If a Violation Happens
Where to Get Help
Many courthouses have self-help centers or victim advocates who can walk you through the paperwork for free. The National Domestic Violence Hotline (call 1-800-799-7233 or text “START” to 88788) and local legal aid organizations can also provide support and guidance throughout the process, 24 hours a day.
Conclusion
A restraining order will not undo what already happened, but it gives you a legal tool with real consequences if someone continues to threaten or contact you. The process can feel intimidating, especially the hearing itself, but courthouse self-help centers and victim advocates exist specifically to help people through it without a lawyer.
If you are unsafe right now, do not wait to research the paperwork first. Call 911 or the National Domestic Violence Hotline at 1-800-799-7233, and worry about the court process once you are safe.
This article is for general information only and is not legal advice. Restraining order procedures vary by state. If you are in immediate danger, contact emergency services right away.
