Did you know that nearly 1.3 million restraining orders are issued in the U.S. each year? Whether you’re facing harassment, threats, or domestic violence, a restraining order can be a critical legal tool to ensure your safety. But navigating the legal process can be daunting.
This guide explains how to get a restraining order in the USA, step by step. We cover eligibility, the legal process, required documentation, and what to expect in court. By the end, you’ll have a clear roadmap to securing legal protection.
Contents
What is a Restraining Order?
A restraining order (also known as a protective order) is a legal directive issued by a court to prevent an individual from contacting or approaching another person. It is designed to protect victims from domestic violence, stalking, harassment, or threats.
Types of Restraining Orders in the USA
- Emergency Protective Order (EPO) – Issued immediately by law enforcement for urgent protection.
- Temporary Restraining Order (TRO) – Short-term protection before a full court hearing.
- Permanent Restraining Order – Issued after a court hearing and may last several years.
- Criminal Protective Order (CPO) – Typically issued in criminal cases involving abuse or violence.
- Civil Harassment Restraining Order – For protection against non-family members or acquaintances.
Who Can Get a Restraining Order?
You may be eligible if you have been a victim of:
- Domestic violence (spouse, partner, family member)
- Stalking (repeated, unwanted attention)
- Harassment (persistent threats or intimidation)
- Sexual assault
- Workplace violence
Each state has specific laws, so check your local court website (e.g., USA.gov) for state-specific guidelines.
Step-by-Step Guide to Getting a Restraining Order
Step 1: Gather Necessary Information
Before applying, prepare: ✔️ A written statement detailing the abuse or harassment ✔️ Police reports (if available) ✔️ Medical records (if injuries occurred) ✔️ Witness statements (if applicable) ✔️ Evidence (text messages, emails, photos, social media threats)
Step 2: File the Petition
Visit your local courthouse and request restraining order forms. Many states offer online forms on their official websites. Fill out the petition thoroughly and include:
- Your personal details
- Details of the accused individual
- Specific incidents, including dates and evidence
Step 3: Temporary Restraining Order (TRO)
Once filed, a judge may issue a Temporary Restraining Order (TRO) if immediate protection is needed. This order is usually valid for 7–21 days until a court hearing.
Step 4: Court Hearing
A hearing is scheduled where both parties can present their case. Bring all evidence and witnesses to support your request. If the judge finds sufficient proof, a permanent restraining order may be issued.
Step 5: Enforcement & Next Steps
Once granted, keep copies of the order with you at all times. Provide copies to your workplace, school, and local police. If the order is violated, report it to law enforcement immediately.
How Long Does a Restraining Order Last?
- Temporary Restraining Orders: 7–21 days
- Permanent Restraining Orders: 1–5 years (varies by state)
- Criminal Protective Orders: Duration of court case, sometimes extended after sentencing
To renew a restraining order, you must file a renewal request before expiration.
What Happens if a Restraining Order is Violated?
Violating a restraining order is a serious criminal offense. Consequences include:
- Arrest and criminal charges
- Fines and possible jail time
- Increased protection for the victim (e.g., extended orders)
If a violation occurs, call 911 immediately and document the incident.
Expert Tips for a Strong Restraining Order Case
✔️ Document everything – Keep detailed records of all incidents. ✔️ Seek legal help – Contact a lawyer or legal aid service. ✔️ Be clear in court – Present strong evidence and a timeline of events. ✔️ Stay vigilant – Update authorities if the offender violates the order.
For free legal assistance, visit Legal Aid USA.
Conclusion
A restraining order is a powerful tool for protecting your safety and peace of mind. If you or someone you know needs one, following the correct legal steps is crucial. Remember, you are not alone—seek support from law enforcement, attorneys, or domestic violence advocates.
Have you or someone you know obtained a restraining order? Share your experiences in the comments to help others navigate this process.
