What is a restraining order and who can get one?
A restraining order (also called a protective order) is a court order requiring a person to stay away from you, your home, your workplace, or your children. Any person who has experienced domestic violence, stalking, harassment, sexual assault, or credible threats can petition for one at their local state court.
Do I need a lawyer to file a restraining order?
No. State courts are designed so that victims can file protective orders themselves. Courthouse self-help centers and victim advocates assist with paperwork at no cost. uplaw.ai prepares your state-specific petition forms based on what you tell us.
What are the different types of restraining orders?
There are three main types: Emergency Protective Order (EPO) — issued by police on scene, lasts 5–7 days; Temporary Restraining Order (TRO) — issued by a judge without a hearing, lasts until the court date (typically 2–3 weeks); Permanent Restraining Order — issued after a court hearing, can last 1–5 years or longer.
What forms do I need to file a restraining order?
Forms vary by state. In California you file DV-100 (Request for Domestic Violence Restraining Order); in New York you file in Family Court using a Petition for an Order of Protection. Most states have fillable PDF forms available at the courthouse or court website.
What happens after I file a restraining order petition?
A judge reviews your petition, usually the same day. If granted, you receive a TRO and a hearing date. The court serves the respondent with the TRO. At the hearing, both parties can present evidence. If the judge finds sufficient cause, a permanent protective order is issued.
Can I get a restraining order for harassment or stalking even without physical violence?
Yes. All 50 states have stalking and harassment protective order laws that do not require physical violence. You need to document the pattern of behavior — texts, emails, voicemails, witness accounts — showing repeated unwanted contact that causes reasonable fear.
What evidence should I bring to a restraining order hearing?
Bring photos of injuries, threatening messages (printed and on your phone), police reports, medical records, witness names, and a written timeline of incidents. The more documented evidence you present, the stronger your case for a permanent order.
Does a restraining order show up on the respondent's background check?
A civil restraining order typically does not appear on a criminal background check unless accompanied by a criminal conviction. However, it is entered into the National Crime Information Center (NCIC) database, which law enforcement can access if the respondent is stopped.
What happens if the person violates the restraining order?
Violating a restraining order is a criminal offense in every state. Call 911 immediately and report the violation. Keep the restraining order with you at all times. Law enforcement can arrest the violator on the spot, and repeated violations often result in felony charges.
Can a restraining order affect child custody?
Yes. Many domestic violence protective orders include child custody provisions, temporarily awarding you custody and restricting the respondent's access to children. A separate custody order from family court will ultimately govern long-term custody arrangements.
Is there a fee to file a restraining order?
Filing fees for domestic violence protective orders are waived in all 50 states by federal law. For civil harassment orders, some states charge a small fee but offer fee waivers based on income. You can request a fee waiver form (such as California Form FW-001) at the clerk's office.
Can I extend or renew a restraining order when it expires?
Yes. File a request to renew before the expiration date — typically 3 months before. Most states use a renewal form similar to the original petition. The judge can renew for another term or make it permanent if ongoing danger is demonstrated.
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