How to get a restraining order

Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026

A restraining order (also called a protective order) is a court order that tells someone to stop contacting, threatening, or coming near you. The exact steps vary by state, but in most places you can ask the court for an emergency order the same day, with a full hearing set within a few weeks. This is legal information, not legal advice.

1. You can often get a temporary order the same day

In an emergency, a judge can issue a temporary restraining order (TRO) based on your written statement alone, without the other person there. A TRO usually lasts 2-3 weeks, until your full hearing.

2. Describe specific incidents, not general fears

Courts want facts: dates, places, what was said or done, and any witnesses. "They're scary" is not enough. Write down each incident in as much detail as you can, and bring photos, texts, or messages if you have them.

3. Pick the right type of order for your situation

Common types include domestic violence, civil harassment, elder abuse, and workplace violence orders. Each has different rules for who qualifies and what protection you get. Filing under the right one matters.

4. Breaking the order is a crime

Once an order is in place, any violation by the restrained person -- contact, getting too close, threats -- can lead to arrest and criminal charges. That holds even if you were the one who reached out first.

5. You can file on your own, or get help

Courts are set up for people filing without a lawyer, and clerks can point you to the forms. A lawyer or a victim advocate can also help you write your statement and speak for you at the hearing -- often for free through a local domestic violence or legal aid program.

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NotALawyer.com provides general legal information, not legal advice.