Yes, you can get a restraining order for your child against another child. A parent or legal guardian files the petition on the child’s behalf, and if a judge is convinced the other minor’s conduct amounts to harassment, stalking, credible threats, or violence, the court can issue an order that restricts contact and sets a stay-away distance. The specifics vary by state, so your local court’s self-help center is the right place to confirm forms, fees, and deadlines.
What Conduct Actually Qualifies
A judge is not going to sign an order over a playground argument or one mean comment. The behavior has to rise to a level the law recognizes as genuinely threatening or harmful, and courts generally look for one of a few patterns.
The most common basis is civil harassment: repeated conduct that serves no legitimate purpose and causes real emotional distress or fear. Following your child home from school every day, sending a stream of threatening messages, or repeatedly showing up uninvited at your home can qualify. A single ugly incident usually will not, unless it involved physical violence or a direct, specific threat of serious harm.
Stalking is another recognized ground. It requires a pattern of deliberate conduct that would make a reasonable person feel afraid or seriously alarmed, and online conduct counts. A child who repeatedly creates fake accounts to send threats or who tracks your child’s location through apps can meet the standard.
A credible threat of violence does not require anyone to be hurt. A statement or action that would make a reasonable person fear for their safety is enough. The word that matters is “credible.” Vague insults usually fall short. A specific threat of physical harm, especially from a child with a history of aggressive behavior, usually does not.
Try the School First
Before heading to the courthouse, know that schools have their own tools for separating children in conflict. A school can issue an internal no-contact directive that bars the other child from approaching or communicating with yours on school grounds. These are administrative measures, not court orders, so they carry no criminal penalties for violation, but they can be put in place quickly, sometimes within a day, and they run through the school’s disciplinary process.
Schools can also adjust class schedules, reassign lunch periods, change bus routes, or move lockers so the two children have minimal contact during the day. If the behavior rises to the level of bullying or harassment under your state’s anti-bullying laws, the school may be legally obligated to investigate and take corrective action. Document every report you make and every response you get back. If these measures fail and the behavior continues, that paper trail becomes powerful evidence in court, because it shows the judge you tried less drastic solutions first.
A school directive and a court order are not mutually exclusive. You can pursue both at the same time, and a school directive the other child violated can strengthen your petition.
Build Your Evidence Before You File
The strongest petitions tell a clear story backed by evidence. Start a written log the moment the problem begins. Record the date, time, location, what happened, and who witnessed it. The log helps establish a pattern for the judge and keeps your memory sharp when you are testifying weeks later.
Beyond the log, gather every piece of physical and digital evidence you can:
- Screenshots of threatening texts, social media messages, emails, and posts, with the sender’s username and timestamps visible.
- Photos of injuries, damaged property, or anything else that shows the physical impact of the behavior.
- Copies of police reports, school incident reports, or disciplinary records related to the other child’s conduct.
- Names and contact details for anyone who saw or heard the incidents firsthand.
Social media evidence matters more than many parents expect. Courts have grown comfortable evaluating online harassment, and a printed thread of threatening messages can be as persuasive as testimony about an in-person confrontation. Capture everything immediately, because posts and accounts can be deleted.
Filing the Petition
You file at your local courthouse using forms available on the court’s website or at the clerk’s office. In most states, the right form is a civil harassment restraining order petition. Because you are filing on behalf of a minor, you will be listed as the petitioner in your capacity as parent or guardian, and the other child (through their parent or guardian) will be listed as the respondent.
Filing fees vary widely. Some states charge nothing for protective order petitions; others charge fees that can reach several hundred dollars. If you cannot afford the fee, ask the clerk for a fee waiver application. Courts routinely grant waivers for people who meet income thresholds, and many states waive fees for all protective order petitions regardless of income.
Fill out the petition using the facts from your incident log. Be specific and stick to what actually happened. Vague descriptions like “he was mean to my daughter” are far less effective than “on March 12, he followed my daughter home from school, blocked her path on Oak Street, and told her he would hurt her if she told anyone.” Attach your supporting evidence.
Getting a Temporary Restraining Order
After you file, a judge reviews the petition, typically within one to two business days, and decides whether to issue a temporary restraining order, often called a TRO, without the other side being present. This is an emergency measure meant to provide immediate protection while the court schedules a full hearing.
To grant a TRO, the judge needs to see that your child faces a risk of harm serious enough to justify an order before the other party even has a chance to respond.1Legal Information Institute. Temporary Restraining Order You do not have to prove your entire case at this stage, but the petition must describe specific, concrete behavior that shows urgency.
If the TRO is granted, the court schedules a hearing, generally within two to three weeks, and the TRO stays in effect until then. If the TRO is denied, you still get a hearing date for the full petition, but there is no emergency protection in the meantime. A denial at this stage is not the end of your case; judges sometimes deny TROs when a situation does not look urgent enough for emergency relief but still hold a hearing on whether a longer-term order is warranted.
Serving the Other Child’s Parents
Before the hearing can proceed, the other child’s parents or legal guardians must receive copies of the court documents. This is called service of process, and it is a legal requirement that ensures the other side knows about the case and has time to respond.
You cannot serve the papers yourself. Someone at least 18 years old and not a party to the case has to hand-deliver them. You can ask a friend or family member, hire a professional process server, or request service through the local sheriff’s department. Professional process servers typically charge between $45 and $150, and sheriff’s offices often charge a smaller fee or nothing at all for protective order cases.
Whoever serves the papers must complete a proof of service form, which you then file with the court before the hearing. Do not wait until the last minute. If service is not properly completed, the judge will likely postpone the hearing, and the situation stays unresolved.
What Happens at the Hearing
The hearing is where the judge decides whether to issue a final restraining order. Both sides appear, and both present evidence and tell their version of events. You will explain why the order is necessary, walk through your documented incidents, and present your witnesses. The other child’s parents can do the same in their defense.
The standard is “preponderance of the evidence,” which means you have to convince the judge the harassment or threat more likely than not occurred.2Legal Information Institute. Preponderance of the Evidence That is a lower bar than criminal cases require, but it still demands credible, specific evidence. A general feeling that the other child is “a bad kid” will not get you there. Documented incidents with dates, witnesses, and evidence will.
Judges in these hearings pay close attention to whether the behavior is ongoing and likely to continue. If the other side can show the behavior stopped months ago and steps were taken to prevent it from recurring, that weakens the case for an order. Recent, well-documented evidence matters most.
What a Final Order Covers
If the judge grants the order, it will include specific, enforceable conditions tailored to the situation. Duration varies by state; many states allow orders lasting anywhere from one to five years. You can typically request a renewal before the order expires if the threat remains.
Common provisions include:
- No contact of any kind: no calls, texts, emails, social media messages, or communication through a friend acting as a go-between.
- A stay-away distance from your child, your home, and your child’s school. Judges set this based on the circumstances, and it commonly ranges from 100 to 300 feet.
- Online restrictions that prohibit the restrained child from posting about, tagging, or contacting your child through any platform.
Judges have discretion to add other conditions that fit the facts. If the harassment involved property damage, the order might include a provision against coming near your car or home. The order binds the restrained child, and practically speaking it binds their parents, who are responsible for ensuring compliance.
When Both Children Attend the Same School
This is where these cases get complicated in ways many parents do not anticipate. A stay-away order that covers “your child’s school” sounds straightforward until you realize both children have a legal right to attend that school. Courts and schools have to balance your child’s protection against the restrained child’s right to an education.
In practice, the school will work to keep the children apart. That might mean staggered schedules, assigned routes through hallways, separate lunch periods, or reassigned classrooms. In more serious cases, the school may transfer the restrained child to another campus. The judge can include specific school-related provisions in the order, such as requiring the restrained child to stay a certain distance away from your child during the school day while still allowing both to attend.
Raise this issue at the hearing. If you leave it to the school to figure out on its own, the result may not adequately protect your child. Ask the judge for clear language about how the order applies on school grounds, during school events, and at bus stops or pickup areas. The more specific the order, the easier it is to enforce.
If the Order Is Violated
A restraining order is a court order, and violating one is serious even when the person violating it is a minor. Violations can lead to contempt of court charges or, depending on the state, a separate criminal offense. For a minor, these charges typically go through the juvenile court system rather than adult criminal court.
What counts as a violation is broader than many people expect. Sending a single text, having a friend relay a message, liking a social media post, or standing too close at a school event can all qualify. If the order says no contact, that means zero contact in any form.
If the restrained child violates the order, call the police and report it. Keep a copy of the order with you or accessible on your phone. Document the violation the same way you documented the original behavior: date, time, what happened, and who witnessed it. A pattern of violations can lead to stricter conditions, extended duration, or juvenile detention in extreme cases. While a parent typically is not criminally liable for their child’s violation of a civil restraining order, a court may treat a parent’s failure to supervise as a factor in later proceedings.
Do You Need a Lawyer?
You are not legally required to hire an attorney to file for a restraining order on behalf of your child. Most courts have self-help centers or facilitator offices that walk you through the paperwork and explain the process. Many parents handle these petitions successfully on their own, especially when the evidence is strong and well-organized.
A lawyer becomes more valuable when the other side has one, when the facts are complicated, or when the case involves a shared-school situation that needs carefully drafted order language. If you cannot afford a private attorney, local legal aid organizations often help with protective order cases at no cost. Some counties also have domestic violence or victim advocacy organizations that assist with civil harassment orders, even when the case involves minors rather than intimate partners.
If Your Petition Is Denied
A denial does not mean the behavior is acceptable or that you are out of options. If the judge found the evidence insufficient, you can typically file a new petition later if additional incidents occur or you gather stronger documentation. Some states also allow you to appeal, though appeals are more complex and generally require an attorney. In the meantime, keep documenting any ongoing behavior, work with the school on administrative protections, and file a police report if individual incidents rise to the level of criminal conduct like assault or criminal threats. A police report creates an official record even when charges are not filed, and it can support a future petition.