An ex parte order is generally good for 10 to 21 days in state court, and no more than 14 days in federal court. The order is deliberately short because a judge issued it after hearing only one side, and the other party has a constitutional right to respond before any lasting restrictions take hold. Before that expiration date, the court holds a full hearing to decide whether protection continues, changes, or ends.
How Long the Initial Order Lasts
In federal court, the ceiling is firm. A temporary restraining order issued without notice expires no later than 14 days after the judge signs it. The judge can extend it once for another 14 days for good cause, or longer if the restrained party agrees, and the reasons for any extension must appear in the court record.1Legal Information Institute. Rule 65 Injunctions and Restraining Orders
State courts set their own timelines. Some allow as few as 10 days. Others give up to 21. Whatever the jurisdiction, the expiration date and time are printed on the face of the order itself, and that date is not flexible. Once it passes without a hearing or an extension, the order has no legal force.
Why the Order Is So Short
The short lifespan is a constitutional tradeoff. The person who requested the order needs immediate protection, but the person it restricts has a right to be heard before a court limits their freedom for any significant period. The initial order holds the situation in place just long enough for the court to schedule a full hearing with both sides present.
The Full Hearing That Decides What Comes Next
When a judge grants an ex parte order, they also schedule a return hearing, sometimes called a full hearing or show-cause hearing. That date falls inside the order’s lifespan, typically within two to three weeks. The person who filed the order carries the burden of proof and must show, by a preponderance of the evidence, that the protection is justified. That standard means “more likely than not,” roughly a 51 percent threshold. Physical proof like photographs or medical records helps, but credible testimony from the person seeking protection can be enough on its own.
The restrained person can present evidence, call witnesses, and cross-examine. Many cases are genuinely contested at this stage, and the outcome often hinges on whose account the judge finds more believable.
If the Restrained Party Hasn’t Been Served
For the return hearing to go forward, the restrained person must be formally served with the order and the hearing notice. If that hasn’t happened, the judge won’t hold the hearing. In most jurisdictions, the court will continue the case to a new date and extend the temporary order so the protected person isn’t left without coverage during the gap. The petitioner may need to make additional service attempts, and some courts eventually dismiss the case if service proves impossible.
If the Petitioner Doesn’t Appear
If the person who requested the order fails to show up at the return hearing, the judge will almost always dismiss the case and dissolve the ex parte order on the spot. Courts treat this as abandonment of the petition. In federal court, the rule is explicit: if the party who obtained the order doesn’t proceed with a motion for a preliminary injunction at the hearing, the court must dissolve the order.1Legal Information Institute. Rule 65 Injunctions and Restraining Orders
What the Judge Can Do After the Full Hearing
Three outcomes are possible, and each affects how long any protection remains in place.
The judge can dismiss the order. This happens when the restrained person successfully challenges the allegations, when circumstances have changed, or when the petitioner’s evidence doesn’t meet the preponderance standard. The restrictions end immediately.
The judge can issue a longer-term protective order. The duration varies sharply by state. Some states cap final protective orders at one year. Others allow two, three, or five. A significant number of states allow permanent protective orders that remain in effect until a court specifically dissolves them. Most jurisdictions also let the protected person request a renewal before the order expires.
The judge can modify the terms. The original ex parte order may have been broader than necessary, or the situation may call for different restrictions. Stay-away distances, custody arrangements, and other provisions can all be adjusted.
Ending or Changing the Order Before It Expires
Either party can ask the court to modify or dissolve a protective order by filing a motion. The filer needs to show a material change in circumstances, meaning something significant has shifted since the order was issued. Simply wanting the order gone isn’t enough.
A common misconception is that if both people agree to drop the order, it goes away. It doesn’t. Only a judge can modify or dissolve a court order. If the restrained person contacts the protected person because both agreed to work things out, the restrained person is still violating the order and can be arrested. This trips people up more often than almost anything else in protective order cases. Until a judge signs a new order changing the terms, the original order is fully enforceable.
The court will schedule a hearing on the motion, and both parties can weigh in. Courts are generally cautious about dissolving protective orders, particularly in domestic violence cases where pressure to drop the order is itself a recognized pattern of abuse.
Firearms and Enforcement While the Order Is Active
One timing detail catches many people off guard. Under federal law, a person subject to a qualifying protective order cannot legally possess any firearm or ammunition. That restriction applies when the order was issued after a hearing where the restrained person had notice and an opportunity to participate, the order restrains the person from harassing, stalking, or threatening an intimate partner or their child, and the order either includes a finding of a credible threat or explicitly prohibits the use of physical force.2Office of the Law Revision Counsel. United States Code Title 18 – Section 922
The federal firearms ban generally does not apply during the initial ex parte order, because that order was issued without notice or a hearing for the other side. It attaches after the full hearing, when the judge issues a longer-term order that meets the criteria.
Enforcement of the order itself, however, begins the moment the restrained person is served. Law enforcement can see active protective orders in national databases, so an officer responding to any call involving the restrained person will know the order exists. Violating a protective order is a criminal offense in every state. A first violation is typically a misdemeanor carrying potential jail time of up to a year, and repeat violations often trigger mandatory minimum sentences or felony charges. Federal penalties also apply when a person crosses state lines to violate an order and commits violence.3Office of the Law Revision Counsel. United States Code Title 18 – Section 2262 The protected person does not need to press charges. If officers have probable cause to believe the order was violated, they can make the arrest on the spot.