What is a restraining order?

Different names, similar tools

States use different labels: restraining order (California), order of protection (New York, Illinois), protective order (Texas, Virginia), injunction for protection (Florida), protection from abuse order (Pennsylvania). Most states have separate orders for different relationships:

• Domestic violence orders — against a spouse, partner, former partner, family or household member.
• Civil harassment or stalking orders — against neighbors, coworkers, acquaintances or strangers.
• Elder or dependent adult abuse orders.
• Workplace violence orders, sought by an employer to protect employees.
• Criminal protective orders, issued by a criminal court as a condition of bail or sentence.
• Extreme risk (red flag) orders, which remove firearms from someone who is a danger.

The three stages

1. Emergency protective order — requested by police, often by phone to an on-call judge, at any hour after an incident. It typically lasts from a few days to about a week.
2. Temporary (ex parte) order — granted by a judge on the victim's written request, without the other person present, when there is evidence of recent abuse or danger. It lasts until a full hearing, usually within 10 to 21 days.
3. Final or permanent order — issued after a hearing where both sides can present evidence. It commonly lasts one to five years depending on the state, can be renewed, and in some states can be permanent.

What an order can include

• No contact of any kind — in person, by phone, text, email, social media or through other people.
• Stay-away distances from the protected person's home, work, school and car.
• Moving out of a shared home, even one the restrained person owns or rents.
• Temporary custody and visitation arrangements, and child support in many states.
• Protection for children, other household members and pets.
• Surrender of firearms and a ban on buying new ones.
• Counseling or a batterer intervention program.
• Payment of costs such as medical bills or property damage in some states.

Firearms

Under federal law, a person subject to a qualifying final domestic violence protective order may not possess firearms or ammunition while it is in effect. The Supreme Court upheld this rule in United States v. Rahimi (2024). Many states also require surrender of guns under temporary orders.

Watch

Enforcement

Violating an order is usually a misdemeanor, and repeat or violent violations can be felonies. Police can arrest without a warrant when they have probable cause that an order was violated. Orders are enforceable in every state and on tribal land under the full faith and credit provisions of the Violence Against Women Act, so a protected person who moves does not lose protection. Keeping a copy of the order at all times helps police act quickly.

Only the restrained person is bound

The order restricts the restrained person, not the protected one. Even if the protected person initiates contact or invites the other person over, the restrained person can be arrested. If circumstances change, either party should ask the court to modify or dismiss the order rather than ignoring it.

Consequences for the restrained person

A protective order is not a criminal conviction, but it can appear in background checks, affect child custody, immigration status, professional licenses, security clearances and gun rights, and limit access to one's own home. People served with a temporary order should attend the hearing, bring evidence and witnesses, and consider hiring a lawyer.

Getting help

Domestic violence advocates, court self-help centers and legal aid offices help people prepare petitions, and in most states there is no filing fee for domestic violence orders. The National Domestic Violence Hotline, 1-800-799-7233, can connect callers to local advocates.

How long it takes to get one

An emergency order through police can be in place within hours. A temporary order from a judge is often issued the same day the petition is filed. A final order depends on the hearing date and on how quickly the other person can be served — commonly two to four weeks from filing.