How to Get a Protection or Restraining Order

A protection order or restraining order is a court order, which means a written rule from a judge. It may tell another person to stay away from you, stop contacting you, leave a shared home, or follow other safety rules. Different states use different names, such as protective order, order of protection, no-contact order, or domestic violence restraining order.

These orders are often used when someone is facing domestic violence, threats, stalking, harassment, sexual assault, or abuse by a family member, partner, or another person. Stalking means repeated unwanted contact or behavior that causes fear. Harassment means unwanted behavior that seriously bothers, alarms, or threatens you.

A protection order is not the same as a criminal case, although sometimes both happen at the same time. A criminal case is brought by the government. A civil case is a court case between people. Many protection orders are part of the civil court system. Because rules vary by state, a licensed attorney can explain what type of order may fit your case.

In many states, you may ask for an order if the other person is a spouse, ex-spouse, dating partner, former partner, family member, roommate, co-parent, or someone who has harmed or threatened you. Some states also allow orders against neighbors, coworkers, or other people who stalk or harass you.

The court usually looks for facts, not just a general fear. Helpful facts may include threats, physical harm, unwanted visits, repeated messages, forced sexual contact, damage to property, or behavior that makes you reasonably fear for your safety. Evidence means information that helps show what happened. Evidence can include texts, emails, photos, videos, police reports, medical records you already have, witness statements, or screenshots.

If you are undocumented, you may still be able to ask for protection from a court. Many courts do not require U.S. citizenship to file. Some states and local courts also offer language help. You can ask for an interpreter, which is a person who translates spoken language in court. If you need help finding a licensed lawyer, you can use the free matching service at get matched or learn more about family law help.

A court may first issue a temporary order, sometimes called an ex parte order. Ex parte means the judge hears from only one side at the start, usually because there may be urgent danger. Temporary orders often last only until the full hearing.

After the hearing, a judge may deny the request, extend the temporary order, or issue a longer final order. A final order may last for months or years, depending on state law and the facts of the case. In some states, it can be renewed.

The order may tell the other person not to contact you by phone, text, social media, or through other people. It may require them to stay a certain distance away from your home, work, or school. In some cases, it may address child custody, which means who a child lives with and who makes decisions, or use of a shared home. Judges decide based on state law and the facts presented.

Many people worry that asking for protection will cost too much. In many states, there is no filing fee for domestic violence protection orders. Other situations may have fees, and costs vary by state and your situation. You may also need to pay for copies, a process server in some counties, transportation, child care, or attorney fees if you hire a lawyer.

Some lawyers charge a consultation fee, which is the cost of a first meeting. Others offer a free first meeting. If a lawyer represents you, they may charge a flat fee, which is one set amount, or an hourly fee, which means payment for each hour of work. Costs often range from about $0 to $300 for a consultation, and several hundred to several thousand dollars for full representation, depending on the facts, the court, and your state.

If English is not your first language, ask the court for an interpreter as early as possible. You can also ask if forms are available in your language. Be careful with anyone who promises results, pressures you to sign quickly, or asks for large cash payments without a written agreement. For legal advice about your specific case, speak with a licensed attorney. If you want help finding one, Legal Bearings offers a free way to get matched with a participating lawyer. Legal Bearings is not a law firm and does not give legal advice.