Topic Terms

What is a Restraining Order

A restraining order is a court order that prohibits a person from contacting, approaching, or harassing another person, most commonly used in domestic violence and stalking cases.

A restraining order (also called a protective order) is a court order that prohibits one person from contacting, approaching, or harassing another. Restraining orders are most commonly used in domestic violence, stalking, and harassment situations, but they can also be issued in civil disputes. Violating a restraining order is a criminal offense that can result in arrest and prosecution.

Types of Restraining Orders

Emergency Protective Order (EPO)

  • Issued by law enforcement at the scene of a domestic violence incident (without a court hearing)
  • Usually lasts only 3–7 days — long enough to get a court hearing
  • Available 24/7 when courts are closed

Temporary Restraining Order (TRO)

  • Issued by a judge based on a petition, sometimes without notifying the other party (ex parte)
  • Typically lasts 2–3 weeks until a formal hearing can be held
  • Requires showing immediate danger or threat

Permanent Restraining Order (Long-Term Protective Order)

  • Issued after a court hearing where both sides can present evidence
  • Despite the name, not truly permanent — typically lasts 1–5 years (renewable)
  • Can be extended indefinitely in severe cases

What a Restraining Order Can Require

  • No contact — No calling, texting, emailing, or messaging (including through third parties)
  • Stay-away — Maintain a specified distance (e.g., 100 yards) from the protected person's home, work, and school
  • Move-out order — Require the restrained person to vacate a shared residence
  • No firearms — Federal law prohibits persons subject to domestic violence restraining orders from possessing firearms
  • Child custody provisions — Specify custody or visitation arrangements during the order's duration

How to Get a Restraining Order

  1. Go to your local courthouse (civil or family court)
  2. Fill out a petition explaining the abuse, threats, or harassment
  3. A judge reviews the petition and may issue a TRO immediately
  4. A hearing is scheduled (usually within 3 weeks)
  5. Both parties appear at the hearing; the judge decides whether to issue a long-term order

Most courthouses have self-help centers or legal aid organizations to assist with the paperwork at no cost.

Consequences of Violating a Restraining Order

Violating a restraining order is typically a criminal misdemeanor (first offense) or felony (if violent or repeat offense). Consequences include:

  • Arrest and criminal charges
  • Jail or prison time
  • Fines
  • Additional restrictions

Civil vs. Criminal Protective Orders

  • Civil protective orders are issued in civil court (most domestic violence orders)
  • Criminal protective orders are issued as part of a criminal case, often as a condition of bail or probation

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