To file a restraining order, go to the trial-level courthouse in the county where you live, the county where the person you need protection from lives, or the county where the abuse happened, and start at the civil clerk’s window. Depending on your state, that courthouse may be called a district court, circuit court, superior court, or county court. Most domestic violence protection orders can be filed with no fee, and court staff can walk you through the paperwork without you hiring a lawyer.
Which Courthouse to Go To
You generally have three choices of venue: your current county, the other person’s county, or the county where the incident took place. If you’ve recently relocated for safety, most states let you file in your new county.
Inside the courthouse, the division handling your case depends on the type of order. Domestic violence petitions, filed when the other person is a current or former spouse, dating partner, co-parent, household member, or close family member, usually go through the family law division. Civil harassment and stalking petitions, used when you have no intimate or family relationship with the person, usually go through the general civil division. Some courthouses have a dedicated domestic violence unit that handles everything in one place. Separate categories exist in many states for sexual assault protection orders and for elder or dependent adult abuse orders; the clerk will route you to the correct forms once you describe the situation.
To find the right building, search your county’s name and “court” online, or call the county clerk. Most court websites list hours, addresses, phone numbers, and which department handles protection orders. Look for a self-help center on the court’s site before you leave the house. These centers are staffed with people who help petitioners complete forms for free.
What to Do If You Need Protection Right Now
If you are in immediate danger and the courthouse is closed, call the police. In most states, an officer can reach a judge by phone and request an emergency protective order on your behalf. The officer helps you describe what’s happening, and if the judge finds you’re in immediate danger, the order is issued over the phone and takes effect right away.
Emergency orders are short. Depending on the state, they expire anywhere from the next business day to a few days after issuance. Their job is to bridge the gap until you can get to the courthouse and file a formal petition. Treat the first available court day as a hard deadline.
What to Bring and How to Fill Out the Petition
Your petition will include a sworn written declaration describing what happened. Judges rely heavily on this document at the initial stage, so be specific. Include dates, locations, and factual descriptions of each incident. “On March 3, he came to my workplace and threatened to hurt me” tells a judge more than “he has been threatening me for months.” Describe the most recent incident in detail, since the court wants to know whether the danger is current. If there’s an ongoing pattern, give a few concrete examples rather than a long general narrative.
Gather supporting evidence before you go:
- Photos of injuries or property damage
- Screenshots of threatening texts, emails, or social media messages
- Voicemails
- Police reports
- Medical records
Make at least three copies of everything you plan to submit: one for the court, one for the other party, and one for yourself.
The forms vary by state but typically include a petition, a request for a temporary order, and your declaration. You can get them from the clerk’s office, the self-help center, or your state court system’s website. Fill them out in plain, factual language.
Because the declaration is sworn, everything in it must be true. Knowingly false statements can expose you to perjury charges. Courts treat sworn filings as the foundation of the process, and deliberately fabricating allegations is a criminal offense.
Fees and Fee Waivers
Most states charge nothing to file a domestic violence protection order. The policy is deliberate: cost should not keep anyone from escaping abuse. Civil harassment orders are more likely to carry a fee, ranging from nothing to several hundred dollars depending on the jurisdiction.
If a fee applies and you can’t afford it, ask the clerk for a fee waiver application. Courts routinely grant waivers to people with low income or on public benefits, and you can file the waiver with your petition the same day.
What Happens After You File
The clerk reviews your paperwork for completeness, stamps it with a filing date, and sends it to a judge. Some courts also accept electronic filing, but in-person filing is still the most common way to start a restraining order case.
A judge usually reviews the petition the same day, often within hours. This first review happens without the other party present. The judge is deciding only whether to grant temporary protection based on what you wrote. If the judge finds enough evidence of danger, a temporary restraining order is issued immediately. If the judge denies the temporary order, your case still moves forward to a full hearing, but you won’t have interim protection in the meantime.
Once a temporary order is granted, the other party has to be formally notified. This step, called service of process, means physically delivering copies of the order and the hearing notice to them. You can’t do it yourself. The server must be at least 18 and uninvolved in the case. For domestic violence cases, many jurisdictions have the sheriff or local law enforcement serve the papers at no charge. For other types of orders, you may need to hire a private process server or ask a responsible adult. If service doesn’t go through, the hearing will likely be postponed, so follow up with the sheriff or server to confirm it happened.
A full hearing is set within a few weeks of the temporary order, though the exact window varies. Both sides speak. Bring every piece of evidence you have, along with any witnesses. The judge may ask you to explain the incidents in your declaration, so be ready to walk through them.
The other party can present their own evidence and testimony. Courtrooms handling these cases are set up with safety in mind. Many have separate waiting areas and staggered arrival times. If you don’t want to be in the same room, tell the clerk or your advocate ahead of time; some courts allow testimony by phone or video in protection order cases.
The judge usually rules the same day. A final order can require the other person to stay a set distance away from you, move out of a shared home, have no contact with you, and surrender firearms.
How Long the Order Lasts and What Comes Next
A temporary restraining order lasts only until the full hearing, which is typically set within 10 to 30 days of filing. A final order issued after the hearing commonly lasts one to five years, depending on the state and the circumstances. Some states let judges issue orders with no set expiration in severe cases.
If your order is nearing its end and you still feel unsafe, file to renew it before it expires. Most courts accept renewal requests several weeks to a few months in advance. If the order has already expired, you have to start over with a new petition.
An order issued in one state is enforceable in all 50 states, U.S. territories, and tribal lands. Federal law requires every jurisdiction to honor valid protection orders from any other jurisdiction and enforce them as local orders.1Office of the Law Revision Counsel. United States Code Title 18 – 2265 Full Faith and Credit Given to Protection Orders You don’t need to register the order elsewhere for it to be valid, though some people file a copy with police in a new area so officers have it on hand. Keep a copy with you if you travel or relocate.
Free Help Before You Go
You don’t need a lawyer to file. Court self-help centers can help you choose the right forms, review your paperwork, and explain each step. Legal aid organizations in every state offer free representation to domestic violence survivors who qualify based on income.
The National Domestic Violence Hotline (800-799-7233) runs around the clock and can connect you with local shelters, legal advocates, and safety planners. If the threat is tied to your workplace, some states let your employer file a workplace violence restraining order for you; ask HR or a legal advocate whether that option exists in your state.
Before heading to the courthouse, think through a safety plan. A restraining order is a powerful legal tool, but it is a piece of paper, and the days right after filing can be the most dangerous. A local domestic violence advocate or the national hotline can help you plan where to stay, how to secure your phone and accounts, and what to do if the other person escalates.