There is no cost to get a restraining order unless you hire an attorney to assist you with the process. Filing for a restraining order is free in all U.S. states and territories. Attorneys charge $150 to $400 per hour on average to handle the paperwork and represent you in the court hearing.
| Factor | Average cost |
|---|---|
| Filing fee | $0 |
| Attorney | $150 – $400 per hour |
A restraining order is also known as:
Violating a restraining order can have serious consequences. In most states, violating a protective order is considered a crime and can lead to being charged with contempt of court, arrest, fines, or jail time.
The process for getting a restraining order varies by state and county but usually includes these steps:
The forms to file for a restraining order will ask you to provide evidence to support the petition and demonstrate instances of previous harm and the threat of future harm. This evidence may take the form of:
Fill out the forms carefully, include specific dates and details, and use descriptive language applicable to your situation, such as hitting, choking, slapping, grabbing, stalking, and/or threatening. Include information about how the abuse or threats affected you, the impact the fear has had on your life, and the precautions you've taken to keep yourself safe, such as changing the locks or avoiding certain places.
Completing the forms correctly and providing comprehensive evidence will strengthen your case and increase the likelihood of the judge granting the order. Consider hiring an attorney to help you fill out the forms and represent you at the court hearing. An attorney costs $150 to $400 per hour, depending on their experience level and your location.
If you decide not to hire an attorney, ask an advocate from a domestic violence or civil harassment organization to help you fill out the forms and attend the court hearing with you.
A permanent restraining order lasts 1 to 5 years, depending on the state and the circumstances of the case. Temporary restraining orders last 10 to 20 days. In some cases, a judge may renew or extend a protective order after it expires.
In most states, it takes only a few hours or days to get a restraining order. Some states hold a hearing with a judge and issue a temporary restraining order within hours of filing and then schedule a court hearing for a permanent restraining order at a later date.
The restraining order does not go into effect until a court or law enforcement representative serves the other person's notice.
Yes, temporary and permanent restraining orders appear on public records and will typically show up on a background check. Temporary restraining orders that don't become permanent are usually only visible to court and law enforcement personnel.
Expunging a permanent restraining order from public record is a complex process that requires legal proceedings.
Most states provide free online access that allows members of the public to look up restraining orders. Some states charge a fee if you request a copy of someone's public record.
A temporary restraining order (TRO) is a short-term injunction issued prior to the court hearing for a permanent restraining order. A judge may order a TRO if they are convinced the victim will suffer immediate irreparable injury, loss, or damage without one.
Some states allow you to file for a restraining order online. However, you will still need to attend a court hearing where a judge will either issue the restraining order or deny the petition.
If you believe your safety is threatened, consider hiring an attorney to help you file for a restraining order. Ask these questions to help you choose the best attorney to represent you:
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