Can a minor get a restraining order?
Short answer: In most states a parent or guardian can ask for an order on a child's behalf, and some states let older minors file themselves. Here is the rule in each state.
The rule in every state
Each answer links to the statute or official page it comes from (48 of 51 jurisdictions verified).
| State | The rule |
|---|---|
| Alabama | A person must be 18 or emancipated to file for themselves. A parent, legal guardian, next friend, guardian ad litem, or the Department of Human Resources can file on behalf of a minor child or a person who cannot file due to physical or mental incapacity. Ala. Code § 30-5-5(a) |
| Alaska | A parent, guardian, or court-appointed representative can file a domestic violence petition on behalf of a minor, and the court may appoint a guardian ad litem or attorney for the minor. A parent or guardian can also file a stalking or sexual assault petition on behalf of a minor. AS 18.66.100(a); AS 18.65.850(a) |
| Arizona | For a minor, a parent, legal guardian or legal custodian files the petition (unless the court decides otherwise) and the minor is listed as a protected person. Orders can be issued against a person under 12 only by the juvenile court. A.R.S. § 13-3602(A),(B); 12-1809(A) |
| Arkansas | An adult family or household member can file on behalf of a minor (including a married minor), and an employee or volunteer of a domestic-violence shelter or program can file on behalf of a minor. Ark. Code Ann. § 9-15-201 |
| California | A person 12 or older can ask for a restraining order on their own without a parent's permission; a judge may ask a trusted adult to help. You can also ask the judge to protect your children in your own request. Judicial Council form DV-500-INFO |
| Colorado | Orders can protect minor children of either party, and civil protection orders can be issued against a juvenile 10 or older. A parent or legal guardian may ask to modify or dismiss an order for a minor protected person. C.R.S. §§ 13-14-103(1)(b), 13-14-104.5(1)(a); Colorado Judicial self-help |
| Connecticut | A person under 18 can apply with a parent, guardian or responsible adult as next friend; the minor speaks for themselves at the hearing unless there is good cause. You can also ask that the order protect your minor children. Conn. Gen. Stat. §§ 46b-15(b), 46b-16a(b); form JD-FM-137 |
| Delaware | A parent or legal guardian can file for a PFA on behalf of a child; either the parent or the child must have a qualifying relationship with the alleged abuser. The Division of Child Protective Services can also file for a minor. PFA instruction packet; 10 Del. C. § 1041(4) |
| District of Columbia | Minors 16 and older can file on their own. Minors 13 to 15 can file for intimate-partner abuse, sexual assault by someone without a significant relationship, or child sex trafficking. Children under 13 cannot file on their own. A parent, guardian or custodian can file for a minor, and at the request of a minor 13 or older, an adult relative or a sexual assault youth victim advocate can file. The court may appoint a lawyer for a minor. D.C. Code § 16-1003(a)–(e),(g) |
| Florida | A parent or legal guardian of a minor child living at home can file for a repeat violence, dating violence or sexual violence injunction on the child's behalf. In a domestic violence petition, you can list minor children who live with you and ask for temporary parenting and safe-exchange orders. Fla. Stat. §§ 784.046(2)(a)–(c); 741.30(3)(b) |
| Georgia | An adult can file a family violence petition on behalf of a minor. Orders can protect the petitioner or a minor of the household. O.C.G.A. § 19-13-3; GCFV Benchbook § 2.2.3 |
| Hawaii | A minor 16 or older can file on their own without a parent's consent, as can an emancipated minor. A family or household member or a state agency can file on behalf of a minor. HRS § 586-3(b) |
| Idaho | A custodial or noncustodial parent or guardian can file on behalf of a minor child who is a victim of domestic violence. Relief cannot be denied because a party was a minor at the time. Idaho Code §§ 39-6304(2), 39-6306(4) |
| Illinois | Any person can file on behalf of a minor child who was abused by a family or household member. Minor children in the care of a protected person are also protected. 750 ILCS 60/201(a)(iii), (b)(i) |
| Indiana | A parent, guardian or other representative can file on behalf of a child who is a victim of domestic or family violence, stalking, a sex offense, grooming or harassment; the child is named as petitioner with the adult as 'next friend.' Ind. Code § 34-26-5-2(c) |
| Iowa | A parent or guardian can file on behalf of an unemancipated minor. If the person being restrained is 17 or younger, the case goes to juvenile court. Iowa Code §§ 236.2(6), 236.3(1),(4) |
| Kansas | A parent of the minor child, an adult who lives with the child, or the child's court-appointed legal custodian or guardian can file on the child's behalf. K.S.A. 60-3104(b) |
| Kentucky | An adult may file on behalf of a minor victim. Cases involving minors follow juvenile-court safeguards and confidentiality rules, and a guardian ad litem is appointed for an unrepresented minor petitioner at the hearing. KRS 403.725(1)(b); KRS 403.727 |
| Louisiana | A parent, adult household member or district attorney may file on behalf of a minor child. Children's Code petitions (LPOR C) can also be filed by the local child protection unit. The forms have a place for a parent or guardian if the abuser is a minor. La. R.S. 46:2133(D); LPOR A; Quick Reference (Ch.C. art. 1564 et seq.) |
| Maine | A child, a person responsible for the child, or the state child-protective department can seek an order for a child. A minor can also seek an order against anyone who sexually exploited them, shared sexually explicit images of them, or harassed them by phone or electronic device. For a harassment order, a parent or other responsible person must file for a minor. Advocates can explain how to file if you are under 18. 19-A M.R.S. §4103(2); PUB-001 |
| Maryland | For a child, a petition can be filed by the State's Attorney, the local department of social services, a relative by blood, marriage or adoption, or an adult who lives in the home. Child abuse can be the basis for an order. Md. Code, Fam. Law §4-501(b)(2), (p) |
| Michigan | A petitioner under 18 may need an adult 'next friend' to file for them. Children under 18 cannot get a PPO against a parent, and parents cannot get one against their own minor child. Separate petition forms are used when the respondent is a minor, and those cases follow juvenile-court rules. SCAO instructions for form CC 375, item H; MCL 600.2950(27); MDHHS VOICES4 PPO FAQ |
| Minnesota | A family or household member or guardian may file on behalf of minor family or household members (or a reputable adult 25 or older, if the court finds it in the child's best interests). A minor 16 or older may file on their own behalf against a spouse, former spouse, or someone they have a child with, if the court finds sufficient maturity. For an HRO, an adult may file for their minor children. Minn. Stat. §518B.01, subd. 4(a); MN Judicial Branch |
| Mississippi | The petition can be filed on behalf of minor children (and persons alleged to be incompetent) who have been abused by the respondent. AG Instructions for Petition for Domestic Abuse Protection Order, Paragraph 1(a) |
| Missouri | A child order of protection can be filed by a parent or guardian of the child, a guardian ad litem or court-appointed special advocate, or the juvenile officer, in the county where the child lives, where the incident happened, or where the respondent can be served. People 17 and older are adults under this law and can file for themselves. RSMo §455.503; §455.010(2)-(3) |
| Montana | A parent, guardian ad litem, or other representative may file on behalf of a minor against the minor's abuser; the court may appoint a guardian ad litem. An order is effective against a respondent of any age (a guardian is appointed for a minor respondent when required). MCA 40-15-102(3), (5) |
| Nevada | Domestic violence includes acts against the minor child of the protected person, and orders can protect the applicant's minor child. When a person under 18 seeks an order, the court may appoint a judicial officer (not a 'master') to take testimony. NRS 33.018(1); NRS 33.019; NRS 33.030 |
| New Hampshire | A minor can get a protective order against a present or former intimate partner, spouse or ex-spouse, and does not need to be accompanied by a parent or guardian to receive relief or services under this law. RSA 173-B:3, II |
| New Jersey | Victims under 18 who are not emancipated can file only against someone they have a child with, are expecting a child with, or have dated. Emancipated minors (for example, married, in the military, a parent, pregnant, or declared an adult by a court) can file on the same basis as adults. NJ Courts, Domestic Violence self-help page |
| New Mexico | A parent or legal guardian may file on behalf of a minor child (or an incompetent adult). NM Courts, Court Process - Orders of Protection |
| North Carolina | A person may file for a DVPO for acts of domestic violence against a minor child who lives with them or is in their custody. N.C.G.S. §50B-1(a); §50B-2(a) |
| North Dakota | A parent, guardian, or attorney guardian ad litem files for a child (the child is the protected person). A minor of sufficient and competent age may file on their own behalf. If the respondent is a minor, the respondent's parent or guardian must be notified. N.D.C.C. § 14-07.7-02(3)-(4) |
| Ohio | A parent or adult household member may file on behalf of a child or other family or household member. When the respondent is under 18, the case goes to the juvenile division. R.C. 3113.31(A), (C); R.C. 2903.214(C) |
| Oklahoma | Minors aged 16 or 17 may file on their own. An adult or emancipated minor household member can file on behalf of a minor. If the respondent is a minor, the case goes to the juvenile court and the hearing may be within 72 hours if the minor was removed from the home. 22 O.S. §§ 60.2(A), 60.4(B) |
| Oregon | A person under 18 can file a FAPA petition on their own only if they are married to, formerly married to, or in a sexually intimate relationship with a respondent who is 18 or older. Children in the petitioner's custody can be protected in the order. A child protected in the order can ask to renew it after turning 18. ORS 107.726, 107.718(1)(f), 107.725(1)(b) |
| Pennsylvania | A parent, adult household member or guardian ad litem can file a PFA on behalf of minor children; an emancipated minor can file for themselves. A separate Protection From Intimidation order protects a minor from harassment or stalking by an adult. 23 Pa.C.S. § 6106(a); UJS Protection Orders page |
| Rhode Island | A parent, custodian or legal guardian (or DCYF for a child in its custody) can file on behalf of a minor child. Dating or engaged couples within the past year where at least one person is a minor can use Family Court. R.I. Gen. Laws §§ 15-15-1(4), 15-15-3(a) |
| South Carolina | A household member can file on behalf of minor household members, and the order can protect minors in the household. S.C. Code §§ 20-4-40(a), 20-4-20(f) |
| South Dakota | Domestic abuse orders cover parent-child and sibling relationships, and can set temporary custody of minor children. SDCL 25-10-3.1, 25-10-5 |
| Tennessee | A petition by an unemancipated minor must be signed by a parent or guardian, or by a caseworker at a qualifying family-violence nonprofit (not against the minor's own parent or guardian). In juvenile court cases, the Department of Children's Services or a guardian ad litem can file. The minor's parents are generally served with copies. Tenn. Code Ann. § 36-3-602(b) |
| Texas | Any adult can apply for a protective order to protect a child from family violence. For dating violence, a member of the dating relationship can apply, and a statement signed under oath by a child can be valid for an ex parte application. Tex. Fam. Code §§ 82.002(b)-(c), 82.009(b) |
| Utah | Cohabitant orders require the petitioner to be at least 16, and someone under 18 cannot file one against a parent or minor sibling. Child protective orders are available when a minor faces physical or sexual abuse, a sexual offense or human trafficking. Utah Courts Protective Orders page |
| Vermont | A minor 16 or older, or a minor of any age who is in a dating relationship, can file on their own behalf. A parent can file for themselves and their children, or just for a child. 15 V.S.A. §§ 1103(a), 1104(a); Vermont Judiciary Protective Orders page |
| Virginia | A family abuse order can protect the petitioner's family or household members, including children. If an emergency protective order protects a minor and the respondent is the minor's parent or guardian, a prosecutor or police officer can file the petition for the minor. Va. Code §§ 16.1-279.1(A), 16.1-253.1 |
| Washington | Minors aged 15 to 17 can file on their own (except vulnerable adult orders) and can file for a minor family or household member. Children under 15 need an authorized petitioner, such as a parent, guardian or custodian. A minor who was protected can petition to renew after turning 18. RCW 7.105.100(2)-(3), 7.105.405(1) |
| West Virginia | An adult family or household member can file on behalf of a family or household member who is a minor child. Orders can protect minor children and set temporary custody. W. Va. Code §§ 48-27-305(2), 48-27-503 |
| Wisconsin | A domestic abuse order under § 813.12 is between adults. A separate child abuse restraining order is available when a child is abused. Wis. Stat. § 813.12(1)(am), (5)(a)2; Wisconsin Court System Restraining orders page |
| Wyoming | A person with legal authority to act for a minor victim can file on the minor's behalf. For this law, 'adult' means 16 or older or legally married. W.S. 35-21-103(a)(iii), 35-21-102(a)(i) |
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.