How to Request a Restraining Order
How to ask a court for protection from abuse, threats, or harassment: the difference between domestic violence and civil harassment orders, how temporary orders work, and what to put in your declaration.
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If you are in danger right now
A restraining order is court paperwork, not an emergency service. If you are in immediate danger, call 911 first. The steps below are for preparing the request you file with the court once you are safe enough to do so.
Know which kind of order fits
The right type of order depends on your relationship to the person you need protection from. Picking the correct one matters, because courts handle them under different rules.
- Domestic violence order: for a current or former spouse, partner, someone you dated, or a close family or household member
- Civil harassment order: for a neighbor, coworker, acquaintance, or stranger who is harassing, stalking, or threatening you
- Workplace or elder-abuse orders also exist in many states for specific situations
How temporary and permanent orders work
Most courts can issue a temporary (emergency) order very quickly — often the same or next day — based only on your written request, to protect you until a full hearing. At that hearing, usually within a couple of weeks, both sides can speak and the judge decides whether to issue a longer-term order. The temporary order bridges the gap so you are not unprotected while you wait.
Writing a strong declaration
The heart of your request is the declaration — your sworn description of what happened. Be specific and factual rather than emotional or vague. Judges respond to concrete details.
- Dates, times, and places of each incident, as best you can recall
- Exactly what was said or done, including specific threats
- Any injuries, property damage, or weapons involved
- Witnesses, police reports, photos, texts, or voicemails
- A pattern over time, if there is one, not just a single event
Steps to file
- Decide which type of order fits your relationship to the other person.
- Complete the request and write a clear, dated declaration of the abuse or threats.
- File with the court clerk — fees are usually waived for domestic violence orders.
- Ask about a temporary order for protection until the hearing.
- Have the other person served with the papers as the rules require, and file proof of service.
- Attend the hearing and bring all your evidence and any witnesses.
Frequently asked questions
- Is there a filing fee for a restraining order?
- Most states waive filing and service fees for domestic violence restraining orders. Other order types may have a fee, but you can usually request a fee waiver if you cannot afford it. Ask the court clerk.
- How fast can I get protection?
- Courts can often issue a temporary (emergency) order the same day or the next day based on your written request, lasting until a full hearing usually held within a couple of weeks.
- What is the difference between a domestic violence and a civil harassment order?
- A domestic violence order is for a partner, ex, or close family/household member. A civil harassment order is for someone you are not closely related to or dating — such as a neighbor, coworker, or stranger.
- What should my declaration include?
- Specific, dated facts: what happened, what was said, any injuries or weapons, and supporting evidence like photos, texts, or police reports. Concrete detail and any pattern of conduct are far more persuasive than general statements.
State-specific information
Court rules and deadlines vary by state. See the page for your state for local context: