How Do I Get a Restraining Order for Domestic Violence?

Use these links to jump to different sections:

• Types of Restraining Orders and Legal Definitions
• The Process of Obtaining a Restraining Order
• Legal Considerations and Consequences
• Additional Resources and Support
• Find Legal Help

For individuals facing domestic violence, obtaining a restraining order can be a crucial step toward safety and legal protection. A domestic violence restraining order (DVRO) offers immediate and enforceable safeguards for those in danger, helping them secure distance from their abuser and prevent further harm. While the process may feel overwhelming, understanding the steps involved and knowing where to seek professional legal advice can make a significant difference in ensuring protection and peace of mind.

Types of Restraining Orders and Legal Definitions

Several misconceptions about restraining orders can lead someone to not understand what type of protection is appropriate to seek out. Generally, a restraining order is a court-issued order restricting an individual’s actions. The purpose is to limit direct contact between two parties due to a threat to safety. Each type of restraining order varies by duration, urgency, and procedural requirements. Violating these orders can lead to criminal charges, fines, or jail time.

Reid T. Sherard, a family law attorney at Haynsworth Sinkler Boyd in Greenville, South Carolina, explains how family and criminal law can overlap. “A lot of people would say that if a spouse commits a crime against me, that might be a red line where I’m going to end my relationship or marriage with that person. Sometimes, there’s sort of a tandem situation where there are domestic violence charges and the need to have a family law attorney.”

1. Domestic Violence Orders

Individuals seeking protection from someone they know typically request a domestic violence order. They provide protection for those who are an intimate partner, domestic partner, former spouse, household member, or family member. Once protection is established as necessary, the protected party will secure a Permanent Restraining Order (PRO). To receive one, there is typically a court hearing where the parties present their cases and a judge issues a ruling. It will provide long-term protection, anywhere from one to five years. Despite the name, they are not indefinite. Another hearing gets held to determine if renewing or extending the protective order is appropriate.

A PRO can provide specific protections that limit the parties’ interactions with each other. It can prohibit someone from going to certain locations. Contract restrictions can prevent someone from talking to, emailing, calling, or texting the other person. It can restrict child custody and visitation rights. PROs typically aim to limit the direct contact between the two parties.

States have different names and variations of domestic violence orders. California has a specific Domestic Violence Restraining Order (DVRO) that is used for individuals in a close relationship. There are subtypes for temporary, permanent, and emergency situations. It also has a Gun Violence Restraining Order (GVRO) for which family members, cohabitants, and law enforcement can file. Colorado has an Extreme Risk Protection Order (ERPO) that lets family members request the temporary removal of firearms from someone who presents a high risk of causing harm. Massachusetts has a Harassment Prevention Order (HPO) HPOs specifically for victims of harassment who may not have a domestic or familial relationship with the abuser. It often provides a wider scope than traditional civil harassment orders in other states. Massachusetts takes protection a step further with 209A Protective Orders. It protects against physical, verbal, and emotional abuse for those in a domestic relationship.

2. Criminal and Civil Harassment Orders

A Criminal Protective Order (CPO) is issued as part of a criminal case against an alleged abuser, usually in domestic violence cases involving physical violence, stalking, or severe harassment. CPOs mandate that the individual avoid any contact with the victim and refrain from certain behaviors, with violations punishable as criminal offenses. They often include stay-away conditions and are enforced by probation or law enforcement.

A Civil Harassment Restraining Order (CHRO) is typically used for non-domestic relationships, such as roommates, neighbors, or acquaintances. These orders provide protection from harassment, stalking, or physical violence when the parties do not share a domestic relationship. Massachusetts has a Harassment Prevention Order (HPO) HPOs specifically for victims of harassment who may not have a domestic or familial relationship with the abuser. It often provides a wider scope than traditional civil harassment orders in other states.

States have a version of these protections and more unique protection options. Florida has an Injunction for Protection Against Stalking or Cyberstalking. It is a specific restraining order for cases involving stalking or cyberstalking. Florida recognizes an injunction specifically for those who have experienced violence in a dating relationship. This protection extends to individuals not residing together, providing options beyond domestic violence protections. This helps protect individuals who are intimately involved but do not live together. New Jersey has a Sexual Assault Restraining Order (SARO). It is specifically for sexual assault victims outside of a domestic violence order because there is no relationship element requirement. Washington provides support for vulnerable adults with the Vulnerable Adult Protection Order. It protects adults who may be at risk of abuse or exploitation, such as the elderly or individuals with disabilities. This is broader than domestic violence orders and targets individuals with limited capacity to defend themselves.

3. Emergency or Temporary Orders

A temporary or emergency domestic violence order provides immediate protection to the victim. These orders are typically issued by a judge without holding a hearing. Later, a formal hearing is held to review the facts and issue a permanent order of protection. These immediate protective orders have a short timeline and are intended to provide immediate protection from an imminent threat.

Sherard explains that couples will have to navigate criminal and family court procedures when addressing domestic violence. A family law attorney can play a pivotal role for the victim, acting as a buffer and communication representative. “In South Carolina, and I’m going to guess in most places if somebody is arrested for domestic violence and they want to get out of jail on bond pending a trial, most magistrate judges are going to have as part of that bond, a no-contact order with the victim. So, that typically will be in place even before a family law attorney gets involved. But that makes it difficult if you’re trying to figure out who’s taking a child to school.”

An Emergency Protective Order (EPO) is usually issued by a judge or magistrate upon law enforcement’s request and is available 24/7. Police officers request EPOs when they believe someone faces immediate danger and cannot wait for a regular court order. They are typically valid for 5-7 days.

A Temporary Restraining Order (TRO) (ex parte) is often requested without notifying the other party (“ex parte”). The petitioner typically submits a detailed application explaining why they need immediate protection, and the court decides whether to grant the order based on the information provided. Depending on state laws, TROs usually last about 10-20 days until the court can hold a hearing to determine if a permanent restraining order is necessary.

The Process of Obtaining a Restraining Order

If a victim of domestic violence wants to seek protection, they can file to obtain a restraining order. The first step is to identify the correct court to file in. Typically, it would be with the family court for the jurisdiction where the victim lives. However, this can change from state to state and may be the superior court. Visit the county clerk’s office to obtain the necessary forms. Fill out the forms, reviewing them for accuracy and completeness. Provide as much documentation and detail as possible of the domestic violence or harassment. Include dates, locations, descriptions of the incidents, and any other relevant details.

If you are in immediate danger, you can request a temporary restraining order, known as an ex parte order. This allows the court to issue an order without the abuser being present. Explain your situation to the clerk, who can guide you on requesting this type of relief.

Evidence is essential for supporting your case. Police reports, medical records, and third-party witness statements can corroborate your version of events. Documentation strengthens your petition and provides the court with a clearer understanding of your situation.

Once filed, the court will issue a hearing date. You will need to attend the hearing or risk having the case dismissed. On the day of the hearings, arrive early to have plenty of time to go through the security checkpoint and find the correct courtroom. During the hearing, you will present your case to a judge. The other party will have an opportunity to present their version of events. The judge will listen to both parties and then make a ruling.

Preparation is crucial for having the best chance of a favorable outcome. Review all of the evidence and practice your court statement. Consider having writing notes that can keep you focused and organized when explaining your case. It can be an emotional experience to tell your experiences in court. Preparing helps you effectively make your case so others understand the details and facts.

Legal Considerations and Consequences

Filing a request for a restraining order can have varying outcomes. If the judge finds insufficient evidence to support the claims, the request may be denied, and the petitioner may have to consider other legal options. The court may grant a temporary restraining order (TRO) immediately and set a hearing date for a permanent order. The court can also modify existing orders if circumstances change, allowing either party to request alterations.

A restraining order issued to a parent can have far-reaching protections for their children. The order can influence decisions about custody arrangements, visitation rights, and child support obligations, particularly if the respondent poses a threat to the child’s well-being.

Police can arrest the respondent for violating the order, which serves as a legal document mandating compliance. Violating a restraining order can lead to criminal charges, which may include fines, probation, or incarceration. A restraining order can influence future legal proceedings, such as custody battles, spousal support, or divorce settlements, by establishing a pattern of abusive behavior.

Other legal consequences can happen, depending on the specific facts of the situation. A restrained person who violates restraining orders may face not only criminal consequences but also civil liability, potentially leading to lawsuits for damages by the victim. If the restraining order involves a non-citizen, it can impact immigration status. Victims may qualify for specific protective visas, while abusers may have their visas revoked. An abuser may face employment consequences, particularly if their employer has policies against violent behavior or if the restraining order stems from incidents that occurred at work. Courts may recommend or require counseling or mental health evaluations for respondents as part of the order, especially if underlying issues contributed to the domestic violence.

Additional Resources and Support

Several resources are available to those who need support to leave an abusive relationship or living situation. Besides the National Domestic Violence Hotline (1-800-799-7233), various organizations offer immediate assistance and guidance hotlines. Some may also provide text lines for those who prefer discreet communication.

Every state has a domestic violence program that includes shelters and crisis centers. These organizations can provide emergency housing, counseling, legal assistance, and advocacy services. The National Coalition Against Domestic Violence (NCADV) offers a directory of local resources across the U.S.

Private support groups and charities also provide a safe environment for victims. Many organizations offer group therapy led by trained professionals. Legal aid societies offer free or low-cost legal services for individuals who cannot afford legal representation. These organizations help with restraining orders, custody issues, and other family law matters related to domestic violence.

Victim advocates can help victims navigate the legal system, understand their rights, fill out court forms, and navigate the restraining order process. They can also accompany victims to court and assist with safety planning.

Find Legal Help

Obtaining a restraining order for domestic violence is an important step toward ensuring personal safety and breaking the cycle of abuse. While the process may seem daunting, it offers a structured way to take control in a difficult situation. The legal protections provided by a DVRO can help individuals regain their sense of security and freedom. Remember, no one should face domestic violence alone. Each out to legal professionals, court resources, and support organizations that can help every step of the way. 

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