Restraining Order vs. Protective Order: What's the Difference?

"Restraining order" and "protective order" are often used for the same thing: a court order meant to keep you safe from someone who harms, threatens, or harasses you. The official name, who qualifies, and how long it lasts depend on your state, but these orders are generally free to request, don't require a lawyer, and must be enforced in every state.

What the law says

• Protection orders are often called restraining orders; they are meant to keep you safe from someone who harms or harasses you. U.S. Dept. of Health & Human Services, Office on Women's Health, Getting a restraining order
• Laws about restraining orders and other orders of protection are different in each state. Office on Women's Health, Getting a restraining order
• Some court self-help pages note that people call these orders "restraining orders" while the legal term the court uses is "protective order." Utah State Courts, Protective Orders (self-help)
• The person asking for the order is the petitioner; the person it is against is the respondent. Utah State Courts, Protective Orders (self-help)
• Typically a judge can issue a temporary order quickly without the other side present, followed by a hearing where both sides can present evidence before a longer-lasting order is decided. Office on Women's Health, Getting a restraining order; Utah State Courts, Protective Orders
• Federal law says you can get a restraining order for free, and you do not need a lawyer. Office on Women's Health, Getting a restraining order
• Police can arrest a person who violates a restraining order. Office on Women's Health, Getting a restraining order
• Under federal law, a "protection order" includes any injunction, restraining order, or other civil or criminal court order issued to prevent violence, threats, harassment, sexual violence, or contact with or physical proximity to another person, including temporary and final orders. 18 U.S.C. § 2266(5)
• A valid protection order from one state, tribe, or territory must be enforced by every other state as if it were its own, as long as the issuing court had jurisdiction and the respondent got reasonable notice and an opportunity to be heard. 18 U.S.C. § 2265(a)-(b)
• An out-of-state order is enforceable even if it hasn't been registered or filed in the new state, and the enforcing state may not notify the restrained person that it was registered unless the protected person asks. 18 U.S.C. § 2265(d)

How to file a complaint

Ask for a protection/restraining order at your local court (often through the court clerk or self-help center). The forms and name of the order depend on your state and your relationship to the other person. In an emergency call 911; for confidential support call the National Domestic Violence Hotline at 800-799-SAFE (7233), 24/7. Office on Women's Health, Getting a restraining order

Related

• What Is a Restraining Order?
• Protective Orders by state

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.