There are six main types of restraining orders in the United States: domestic violence protective orders, civil harassment restraining orders, elder or dependent adult abuse orders, workplace violence restraining orders, emergency protective orders, and criminal protective orders. Which one fits your situation depends on who is threatening you, how the threat arose, and whether a criminal case is already in motion. State procedures vary, but the categories and the federal laws behind them are the same nationwide.
Domestic Violence Protective Orders
Domestic violence protective orders are the most commonly filed restraining orders in the country. They cover abuse by someone with a close personal or family tie to you: a current or former spouse, a dating partner, someone you share a child with, a cohabitant, or a close family member. States draw the list of qualifying relationships slightly differently, but the common thread is an intimate, familial, or household connection.
The abuse covered reaches well past physical violence. Threats, intimidation, stalking, sexual assault, destroying your property, and conduct causing serious emotional distress all qualify in most states. You don’t need to wait for someone to hit you. A credible threat or a documented pattern of controlling behavior is usually enough.
These petitions are handled in family court in most places. Under federal grant conditions tied to the Violence Against Women Act, states cannot charge victims for filing, issuing, registering, serving, or enforcing a domestic violence protective order, which makes filing effectively free in every state.1Office of the Law Revision Counsel. 34 U.S. Code 10461 – Grants
Civil Harassment Restraining Orders
Civil harassment restraining orders cover people who threaten you but don’t fit the domestic category. A neighbor who won’t stop threatening you, a coworker engaged in stalking, a dangerous acquaintance, or a more distant relative like a cousin or in-law would all be handled here.
You generally need to show a pattern of conduct that would seriously alarm or distress a reasonable person. One rude exchange won’t support an order. Courts look for repeated threats, following or surveillance, credible threats of violence, or actual physical harm. These petitions go through civil court under standard civil procedure, not family law.
Elder or Dependent Adult Abuse Orders
These orders protect two groups: anyone 65 or older, and dependent adults between 18 and 64 with physical or mental limitations that restrict their ability to carry out daily activities or protect their own rights. The dependent adult category includes people with developmental disabilities, those whose abilities have diminished with age, and anyone in that age range admitted to a residential care or inpatient health facility.
The forms of abuse covered are broader than most people expect. Physical harm is the obvious one, but these orders also address neglect, abandonment, isolation from friends and family, financial exploitation, and withholding food, medication, or other necessities. A relative draining a parent’s bank account, a caretaker cutting off outside contact, or a facility failing to provide basic care can all support an order.
In many states, the elder or dependent adult does not have to file personally. A conservator, family member, or other interested party can file on their behalf, which matters because the people who most need these orders are often least able to navigate the court system alone.
Workplace Violence Restraining Orders
Workplace violence restraining orders are filed by the employer, not the employee. An employer who reasonably believes an employee has been subjected to violence, stalking, or credible threats at work can petition the court for a protective order on that worker’s behalf.
The qualifying conduct includes physical assaults, stalking, and threats a reasonable person would read as signaling future workplace violence. The threat does not have to come from another employee. It can come from a customer, a client, or someone from the worker’s personal life who has brought the danger onto the job.
In most states, the employer does not need the employee’s consent to file, though the employer is generally expected to make a good-faith effort to notify any targeted employee that a petition is being filed. In some jurisdictions a collective bargaining representative can also file on behalf of a union member.
Emergency Protective Orders
Emergency protective orders fill the gap between a dangerous incident and the earliest court hearing. A law enforcement officer at the scene of domestic violence, child abuse, elder abuse, or another immediate threat contacts a judge or magistrate, sometimes by phone in the middle of the night, and the order can be issued on the spot.
These orders are deliberately short. In most states an emergency protective order lasts five to seven days, though some states allow longer windows. The point is to give the victim enough breathing room to reach a courthouse and file for a temporary or longer-term order. If the victim doesn’t follow up with a formal petition, the emergency order simply expires.
Criminal Protective Orders
Criminal protective orders stand apart from the rest of the list because you don’t file for one. A judge issues a criminal protective order inside a criminal case, usually at arraignment, as a condition of bail, or at sentencing. The purpose is to keep the defendant away from the victim and any witnesses while the case is pending and often after a conviction.
These orders commonly prohibit contact, approach to the protected person’s home or workplace, or coming within a specified distance. Judges can impose them in any case where victim safety is a concern, but they appear most often in domestic violence, assault, stalking, and sexual offense cases.
When a criminal protective order and a civil restraining order exist between the same two people, the more restrictive order controls. If one allows peaceful contact but the other requires no contact at all, the no-contact order is enforced. When neither is a strict no-contact order, criminal protective orders generally take priority over civil ones.
How the Temporary and Permanent Stages Work
Most restraining orders follow a two-step process. The first step is a temporary restraining order, often called a TRO. When you file your petition, a judge reviews the paperwork and can issue a TRO the same day without the other person present. This is called an ex parte hearing. TROs typically last 14 to 30 days, just long enough to schedule the full hearing.
The second step is the full hearing. Both sides appear, you present evidence, the other person responds, and the judge decides whether to issue a longer-term order. Despite the name, a “permanent” restraining order doesn’t always last forever. In many states these orders run one to five years and can be renewed if the threat persists. Some states allow lifetime orders in severe cases. The standard at the hearing is preponderance of the evidence: more likely than not that protection is necessary.
If the judge denies the longer-term order, the temporary order dissolves and no protection remains in place. Preparation is what carries the hearing. Bring text messages, photos, police reports, medical records, and witness statements. Petitions backed by specifics succeed; general accounts rarely do.
What a Restraining Order Can Require
Terms vary by order type and circumstances, but most draw from the same menu of restrictions:
- No contact of any kind, including calls, texts, email, messages through third parties, and social media.
- A stay-away distance from you, your home, your workplace, your children’s school, and your vehicle, typically 100 to 500 yards.
- A move-out order in domestic violence cases where you share a home, even if the restrained person is on the lease or owns the property.
- Temporary custody of children and structured or restricted visitation in domestic violence orders.
- Exclusive use of a shared vehicle, and orders not to destroy, hide, or sell shared property.
- Surrender of firearms, which many states require independently of the federal ban discussed below.
Each term is independently enforceable. The restrained person doesn’t get a warning. A single prohibited text or appearance at your workplace is grounds for arrest, and violation is a criminal offense in every state.
Firearm Consequences
Federal law prohibits anyone subject to a qualifying domestic violence restraining order from possessing, purchasing, shipping, or receiving any firearm or ammunition. This applies everywhere in the country under 18 U.S.C. § 922(g)(8).2Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
The order has to meet three criteria to trigger the federal ban. It must have been issued after a hearing where the restrained person received actual notice and had an opportunity to participate. It must restrain the person from harassing, stalking, or threatening an intimate partner or that partner’s child. And it must either include a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or explicitly prohibit the use or threatened use of physical force against them.2Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts The Supreme Court upheld this provision 8–1 in United States v. Rahimi in 2024.3Supreme Court of the United States. United States v. Rahimi, No. 22-915 Violating the federal ban is a felony carrying up to 15 years in prison, and keeping a single round of ammunition in a closet counts.
Many states go further than the federal minimum. The majority require the restrained person to turn in firearms to law enforcement or a licensed dealer within 24 to 48 hours of being served, and some require proof of compliance filed with the court.
Enforcement Across State Lines
A restraining order issued in one state is enforceable in every other state, tribal territory, and U.S. territory. Federal law requires this under 18 U.S.C. § 2265, and the enforcing state must treat the order as if its own courts had issued it, provided the issuing court had jurisdiction and the respondent received notice and an opportunity to be heard.4Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
This enforcement right exists whether or not you’ve registered the order in the new state. Federal law explicitly says that failure to register or file in the enforcing jurisdiction doesn’t reduce the order’s validity.4Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders Registering is still a good idea because it enters the order into law enforcement databases, so officers can verify it during a traffic stop or a 911 response. Registration is typically free and involves bringing a certified copy of the order to the local courthouse.