A restraining order, often called a protective order, is a court order that tells one person to stay away from or stop contacting another. The name and rules differ by state.
Common types
- Emergency or temporary orders, issued quickly, sometimes the same day, until a full hearing.
- Long-term or final orders, issued after a hearing and lasting months or years.
- Domestic violence protective orders, for family or household members and often partners.
- Orders against stalking or harassment, which may cover people who have no household relationship.
How to request one
- Contact the local courthouse or a domestic violence advocate to get the forms. Many courts have staff to help.
- Describe what happened with specific dates and details.
- File the request, which is often free.
- A judge may issue a temporary order, and the other person is then served with notice of a hearing.
- Attend the hearing with evidence such as messages, photos and witnesses.
What an order can include
Orders may require someone to stay away from your home, work or school, stop contact, move out of a shared home, surrender firearms or follow custody and support terms. Details vary by state and by the facts.
If you are served or the order is violated
If you are the person named in an order, read it carefully, comply fully and attend the hearing, ideally with a lawyer. Violating an order can lead to arrest and criminal charges. If you are protected by an order and it is violated, call 911 and keep records.
If you are in danger
If you are in immediate danger, call 911. The National Domestic Violence Hotline at 1-800-799-7233 offers confidential support at any time.
Frequently asked questions
Does a restraining order show up on a record?
It is a civil order and generally is not a criminal conviction, though violations can be criminal and the order may be visible in some searches.
Can an order be changed or ended?
Yes. Either side can usually ask the court to modify or end it, and the judge decides.