What Is a Restraining Order?
A restraining order (also called a protective order or order of protection) is a court order meant to keep you safe from someone who is harassing or hurting you, such as by ordering them to stay away and not contact you. Types, names, and how long orders last vary by state, but you generally don't need a lawyer and federal law says you can get one for free.
What the law says
- A restraining order is meant to keep you safe from a person who is harassing or hurting you. HHS Office on Women's Health, Getting a restraining order
- Most restraining orders can order a person not to contact you and to stay away from you; some types can also order someone to move out or protect children and other family members. California Courts Self-Help, Restraining orders
- Orders can also address temporary custody, child support, supervised visits, and turning over guns to police, depending on state law. HHS Office on Women's Health, Getting a restraining order
- There are often different types depending on the relationship, such as domestic violence orders for family or partners and civil harassment orders for neighbors or coworkers. California Courts Self-Help, Restraining orders
- Emergency orders may be issued by police and usually expire after a few days; temporary orders issued by a judge before a hearing usually last about 14 days; longer-term orders issued after a hearing can last several years. HHS Office on Women's Health, Getting a restraining order
- You do not need a lawyer to get a restraining order. HHS Office on Women's Health, Getting a restraining order
- Federal law says you can get a restraining order for free. HHS Office on Women's Health, Getting a restraining order
- Police can arrest a person who violates a restraining order and charge them with a crime. HHS Office on Women's Health, Getting a restraining order
- A valid protection order must be given full faith and credit and enforced by other states, tribes, and territories, even if it was not registered there. 18 U.S.C. § 2265
- Under federal law, a person subject to a qualifying protection order issued after a hearing, protecting an intimate partner or the partner's child, may not possess firearms or ammunition. 18 U.S.C. § 922(g)(8)
- Laws about restraining orders are different in each state. HHS Office on Women's Health, Getting a restraining order
How to file a complaint
Ask for a restraining order at your local courthouse (often family court) in the county where you live, where the other person lives, or where the abuse happened; court self-help centers, shelters, and some police stations can help with the forms. In an emergency, call 911. HHS Office on Women's Health, Getting a restraining order
FAQ
Do I need a lawyer?
Does it cost money?
Is my order valid if I move to another state?
How long does a restraining order last?
Related
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.