Emergency and Temporary Protective Orders by State
How quickly you can get an emergency or temporary order in each state, and how long it lasts until the hearing.
| State | The rule |
|---|---|
| Alabama | A judge can issue a temporary (ex parte) protection order without notice to the other person, based on your sworn petition. The court must grant or deny the temporary order within three business days of filing. A temporary order lasts until the final hearing date and can be extended if the hearing is continued. Ala. Code §§ 30-5-6(b),(c); 30-5-7(a) |
| Alaska | A judge can issue an ex parte (short-term) domestic violence protective order without notice to the other person if your petition shows probable cause that domestic violence occurred. It lasts 20 days unless dissolved earlier. Separately, a police officer can request a 72-hour emergency protective order for you, in person or by phone. AS 18.66.110(a),(b) |
| Arizona | A judge can issue an Order of Protection the same day without a hearing, based on your petition, if there is reasonable cause to believe domestic violence may occur or occurred in the past year. When courts are closed, a police officer can obtain an Emergency Order of Protection by phone; it lasts seven calendar days unless continued. A.R.S. §§ 13-3602(E); 13-3624(C),(E) |
| Arkansas | If the petition shows an immediate and present danger of domestic abuse (or the respondent is being released from jail within 30 days and there will then be immediate danger), the court grants a temporary ex parte order if there is sufficient evidence. It lasts until the hearing date. If it is denied, you still have the right to a full hearing. Ark. Code Ann. §§ 9-15-204, 9-15-206 |
| California | After you turn in your forms, a judge decides the same day or next business day whether to grant a temporary restraining order (TRO), usually without the other person present. The TRO lasts until the end of your hearing date. Judicial Council forms DV-500-INFO, DV-110 |
| Colorado | A temporary civil protection order can be issued at a hearing that may be held without the other person (ex parte), set at the earliest possible time. It lasts until the permanent order hearing. An emergency protection order from an on-call judge expires at the close of the next court business day unless continued. C.R.S. §§ 13-14-103, 13-14-104.5(4),(8) |
| Connecticut | If you allege an immediate and present physical danger, the judge may issue an ex parte (temporary) order without a hearing. An ex parte order remains in effect until the hearing; if the respondent has not been served, it can be extended up to 14 days from the original hearing date at your request. Conn. Gen. Stat. § 46b-15(b),(c) |
| Delaware | If there is an immediate and present danger of domestic violence, you can ask for an emergency ex parte order without notice to the respondent. The ex parte hearing is held the same day the petition is filed or the next day court is in session. Ex parte orders stay in effect until the full hearing and can be extended up to 30 days to complete service. 10 Del. C. § 1043 |
| District of Columbia | You can ask for a Temporary Protection Order without notice to the respondent. The court decides after a hearing the same day (or the next court day if filed too late). A TPO can be issued if your safety or welfare (or your animal's) is immediately endangered. It lasts up to 14 days and can be extended to complete service and the hearing. D.C. Code § 16-1004(b)–(e) |
| Florida | If there is an immediate and present danger of domestic violence, the court can grant a temporary injunction ex parte (without the respondent present). It lasts up to 15 days, until the full hearing. Fla. Stat. § 741.30(5)(a),(c) |
| Georgia | The court can grant an ex parte (temporary) order without the respondent present if your verified petition shows probable cause that family violence occurred and may occur again. You receive a copy right away. It stays in effect until the hearing. O.C.G.A. § 19-13-3(b); GCFV Benchbook § 2.4 |
| Hawaii | A family court judge can grant an ex parte temporary restraining order without notice to the other person. You will not see a judge the same day; the judge reviews your petition and grants or denies it. A TRO lasts up to 180 days or until a protective order takes effect, whichever comes first. HRS §§ 586-4(a), 586-5(a); Hawaii Judiciary self-help |
| Idaho | If irreparable injury could result, the court can grant an ex parte temporary protection order based on your affidavit, or hold an ex parte hearing (which can be by phone) the day you file or the next court day. It lasts up to 14 days and can be reissued. Idaho Code § 39-6308 |
| Illinois | An emergency order of protection can be issued without notice to the respondent when giving notice would likely cause the harm the remedy is meant to prevent. It lasts at least 14 and no more than 21 days. An emergency petition and order are not public until served. Emergency orders cannot include counseling, legal custody, support or money awards. 750 ILCS 60/202(a-5), 60/217, 60/220(a) |
| Indiana | The judge can issue an ex parte order without a hearing (except for harassment-only petitions), for example ordering no violence or contact and staying away from your home, school or work. Some ex parte relief (eviction from your home, possession of a car or pets) requires a hearing within 30 days. An ex parte order can last up to two years unless the judge sets another date. Ind. Code §§ 34-26-5-9, 34-26-5-10; IOCS manual |
| Iowa | The court can enter a temporary order in an ex parte proceeding on good cause (present danger of abuse), including temporary custody, visitation and pet orders. After hours, an emergency order from a designated judge lasts 72 hours; you can then seek a temporary order. Iowa Code §§ 236.4(2), 236.6 |
| Kansas | A judge can grant temporary orders ex parte when there is immediate and present danger of abuse. After hours, an emergency order lasts until 5:00 p.m. on the first day court reopens, when you can seek a temporary order. K.S.A. 60-3105, 60-3106(b) |
| Kentucky | A judge or trial commissioner reviews the petition immediately. If it shows an immediate and present danger, the court issues an EPO (or TIPO) right away, without the respondent present. It lasts until the full hearing (usually within 14 days) unless extended or withdrawn; if the respondent has not been served, it can be continued until service, up to six months. An order takes effect once the respondent is served or told about it by police or the court. KRS 403.730(2); KRS 403.745(1); AOC booklet, Q7 |
| Louisiana | A judge can issue a Temporary Restraining Order the same day, without the abuser present, on a showing of immediate and present danger of abuse (the abuse itself does not have to be recent). The TRO lasts until the hearing; if the hearing is continued, the court can extend it. La. R.S. 46:2135(A), (E) |
| Maine | A judge may grant a temporary order without notice to the defendant if there is an immediate and present danger of abuse to you or a minor child. You may be asked to wait at the courthouse while a judge reviews the complaint; email filings made before 3 p.m. on a court day get a same-day reply. The temporary order is effective when signed and lasts until the final hearing; the defendant must be served or have actual notice before a violation can be charged. 19-A M.R.S. §4108; PUB-001 Part A.8 and A.13 |
| Maryland | When courts are closed, a commissioner holds an immediate hearing and can issue an interim protective order, which lasts about two days until a temporary hearing before a judge. During court hours, a judge can issue a temporary protective order the same day if there are reasonable grounds to believe abuse occurred; it lasts up to 7 days after service and can be extended up to 6 months if needed to serve the respondent or for good cause. The respondent does not need to be present. Md. Code, Fam. Law §§4-504.1, 4-505(a), (c) |
| Massachusetts | If you show a substantial likelihood of immediate danger of abuse, the judge can issue a temporary order the same day without notice to the defendant. When court is closed, or you cannot get to court because of a severe physical hardship, a judge can grant an emergency order communicated by phone to police. M.G.L. c. 209A, §§4, 5 |
| Michigan | The court must issue an ex parte PPO without notice to the respondent if specific facts show that immediate and irreparable injury would result from the delay of giving notice, or that notice itself would provoke harm. A PPO is effective and enforceable anywhere in Michigan as soon as a judge signs it. An ex parte PPO is valid for at least 182 days. MCL 600.2950(9), (12), (13) |
| Minnesota | If the petition alleges an immediate and present danger of domestic abuse, the court may grant an ex parte OFP without the respondent present. It can order no abuse, no contact, exclusion from the home and workplace, and care of pets. An ex parte order lasts for the period the court sets (generally up to 2 years) or until changed after a hearing. It expires if the respondent is not personally served within 14 days (or by publication within 28 days). Minn. Stat. §518B.01, subd. 7 |
| Mississippi | If you are in immediate and present danger of abuse, a judge can issue an Ex Parte Emergency DAPO without notice to the abuser; only you appear. Courts must consider emergency petitions quickly. It lasts 10 days or until a hearing can be held, whichever comes first, and can be extended with the hearing continued up to 20 days (for example, if the abuser has not been served). Miss. Code Ann. §93-21-13(1) |
| Missouri | The court may immediately issue an ex parte order of protection, without the respondent present, for good cause; an immediate and present danger of domestic violence counts as good cause. It takes effect when entered and lasts until the respondent is served and a hearing is held. You can ask the circuit clerk how to be notified when the ex parte order is served. RSMo §455.035; §455.038 |
| Montana | If the court finds you are in danger of harm if it does not act immediately, it issues a Temporary Order of Protection based on your sworn petition, without prior notice to the respondent. It can last up to 20 days, and stays in effect if the hearing is continued. MCA 40-15-201(2), (4); MCA 40-15-202(1) |
| Nebraska | A judge can issue an ex parte (temporary) order without notice to the respondent if your affidavit shows you will be in immediate danger of abuse before a hearing can be held (for sexual assault or harassment orders, irreparable harm). The order takes effect once a sheriff or deputy serves the respondent. If the respondent does not ask for a hearing within 10 business days after service, the ex parte order becomes the final order. Neb. Rev. Stat. §26-109 |
| Nevada | A temporary order can be granted with or without notice to the adverse party, and the court must rule on the application within 1 judicial day after it is filed. It lasts up to 45 days, as the court sets; if you also apply for an extended order, the temporary order stays in effect until the extended-order hearing. If the abuser has been arrested and is in custody, a court can grant a temporary order based on information sent electronically by the victim. NRS 33.020(4), (7), (8); NRS 33.080(1) |
| New Hampshire | On a showing of immediate and present danger of abuse, the court may issue temporary orders with or without notice to the defendant. Telephone orders issued after hours are valid statewide until the close of the next regular court business day. The defendant can request a hearing on an ex parte order, held 3 to 5 business days after the request. RSA 173-B:4, I |
| New Jersey | Court staff help you fill out the application, and a hearing officer or judge decides whether to grant a TRO; the other party is not present. At a police station, police contact a judge. If granted, the TRO is sent to police to serve on the other party. NJ Courts, Domestic Violence self-help page |
| New Mexico | In most cases a judge reviews the petition the same day you file it and decides, without a hearing, whether to issue a Temporary Order of Protection; be prepared to wait at the court for a few hours or all day. The temporary order lasts until a hearing where both sides can appear. NM Courts, Court Process - Orders of Protection |
| New York | When a family offense petition is filed, the Family Court can issue a temporary order of protection for good cause, either ex parte (without the other person present or notified) or on notice. A temporary order is not a finding of wrongdoing. When Family Court is closed, local town and city courts can issue temporary orders, but you still need to go to Family Court when it reopens. N.Y. Family Court Act § 828; NYS OPDV, Orders of Protection |
| North Carolina | At a short ex parte hearing with only the plaintiff, a judge can grant an ex parte order if there is a danger of domestic violence against you or a minor child; it lasts until the next hearing. If you file without a lawyer and ask for ex parte relief, the clerk schedules the ex parte hearing within 72 hours or by the end of the next day district court is in session, whichever is first. N.C.G.S. §50B-2(c)(1), (6) |
| North Dakota | When the petition shows reasonable grounds, the court can issue a temporary order right away, without notice to the respondent. A temporary domestic violence order can order no contact, keep the respondent out of a home or other place, set temporary parenting time, and in some cases require the respondent to turn in firearms. The temporary order lasts until the full order after the hearing is served, unless the court ends it earlier. N.D.C.C. §§ 14-07.7-04, 14-07.7-06, 14-07.7-08 |
| Ohio | If you ask for an emergency (ex parte) order, the court must hold the ex parte hearing the same day the petition is filed. The judge can issue a temporary order without the respondent there if the judge finds it necessary to protect you from immediate danger. R.C. 3113.31(D)(1); R.C. 2903.214(D) |
| Oklahoma | If you ask for an emergency ex parte order, the court holds a hearing the same day you file and can issue an order to protect you from immediate and present danger. It lasts until after the full hearing. After hours, a judge can issue an emergency temporary order through a police officer; it lasts until the court date set when it was approved, and must be heard within 14 days. 22 O.S. § 60.3(A), (C) |
| Oregon | The judge holds an ex parte hearing (in person or by phone) the same day the petition is filed or the next judicial day, without the respondent present. If the judge finds recent abuse, imminent danger, and a credible threat to your or your child's safety, the judge can issue the restraining order right away. That order lasts 2 years unless it is changed, withdrawn or replaced. ORS 107.718(1), (3) |
| Pennsylvania | If you show immediate and present danger, the court holds an ex parte (one-sided) proceeding and can issue a temporary PFA that lasts until the full hearing. After hours, a hearing officer in the minor courts can issue an emergency order (no abuse, exclusion from the home, no contact, or pet protection); it expires at the end of the next business day the court is open, when you can ask the court for a temporary order. 23 Pa.C.S. §§ 6107(b), 6110(a)-(b) |
| Rhode Island | The court can issue a temporary order without notice to the defendant if facts show immediate and irreparable harm. It lasts up to 21 days (unless extended) and a hearing is set. An after-hours order granted by phone expires at the close of the next business day unless the judge sets a longer time. R.I. Gen. Laws § 15-15-4(a)(2), (b)(4) |
| South Carolina | For good cause, such as a showing of immediate and present danger of bodily injury, the court can hold an emergency hearing within 24 hours after the respondent is served and issue an order of protection. A magistrate's emergency order lasts until the date stated in it or until Family Court issues a later order, whichever is first. S.C. Code §§ 20-4-50(a), 20-4-70(D) |
| South Dakota | If your affidavit shows immediate and irreparable harm will happen before the respondent can be heard, the judge can grant an ex parte temporary protection order, which can bar abuse and remove the respondent from your home. It lasts 30 days (it can be extended, for example if police cannot find the respondent to serve them), and stays in effect until a later protection order is served. SDCL 25-10-6, 25-10-7, 25-10-7.1 |
| Tennessee | When a petition is filed, the court can immediately issue an ex parte order of protection for good cause, such as an immediate and present danger of abuse. It can order no contact and order the respondent to leave a shared home until the hearing. It stays in effect until the hearing (and until a later order is entered if the hearing is held within 15 days of service). Tenn. Code Ann. §§ 36-3-605(a)-(b), 36-3-606(a)(10) |
| Texas | If the application shows a clear and present danger of family violence, the court can issue a temporary ex parte order without notice or a hearing. It lasts the period stated, up to 20 days, and can be extended in 20-day periods. To remove someone from their home in an ex parte order, you must give a sworn affidavit and testify in person. A temporary ex parte order is enforceable like a final order. Tex. Fam. Code §§ 83.001, 83.002, 83.0025, 83.006 |
| Utah | A judge usually reviews the request the same day and can issue an ex parte (temporary) protective order without notice to the respondent. It takes effect when served and usually lasts until the hearing. If the request is denied, you can ask for a hearing within 5 days. Utah Code 78B-7-603(1)-(2); Utah Courts Protective Orders page |
| Vermont | A temporary order can be issued ex parte (without notice to the defendant) if the court finds abuse. With immediate danger of further abuse, it can order no abuse, no contact, stay-away, no cruelty to pets, and immediate relinquishment of all firearms; it can also order the defendant out of the home if you would otherwise be without shelter, give temporary custody, and give you a vehicle. The temporary order stays in effect until dismissed or until the petition is decided at the final hearing. 15 V.S.A. §§ 1104(a), 1105(b)(2) |
| Virginia | A judge or magistrate can issue an emergency protective order when there is probable danger of further family abuse; it expires at 11:59 p.m. on the third day after issuance (extended to the next day court is in session if needed). When you file a petition, the court can also issue a preliminary protective order ex parte, without the respondent present, on good cause such as immediate and present danger. Va. Code §§ 16.1-253.4(B)-(C), 16.1-253.1(A) |
| Washington | If the petition shows conduct that supports an order and that serious immediate harm or irreparable injury could result without immediate action, the court can grant an ex parte temporary protection order without notice to the respondent, with or without a hearing. The court must consider ordering the respondent to surrender firearms and dangerous weapons. RCW 7.105.305(1), (3) |
| West Virginia | A magistrate can enter an emergency protective order, ex parte if needed, when there is clear and convincing evidence of immediate and present danger of abuse. The emergency order must bar the respondent from possessing firearms and stays in effect until the family court acts at the final hearing. W. Va. Code § 48-27-403(a)-(b) |
| Wisconsin | A judge or court commissioner issues a temporary restraining order without notice to the respondent if there are reasonable grounds to believe the respondent has engaged in, or may engage in, domestic abuse. The TRO can order no abuse, staying away from your home or other places you are staying, no contact (unless you consent in writing), and protection of household pets. It lasts until the injunction hearing. Wis. Stat. § 813.12(3)(a)-(c) |
| Wyoming | When a petition is filed, the court must immediately grant an ex parte temporary order of protection if the petition or affidavit shows a danger of further domestic abuse, and have it served on the respondent immediately with notice of the hearing. W.S. 35-21-104(a)(i)-(ii) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.