Domestic Violence Restraining Orders Laws and Forms: 50-State Survey

Domestic violence (or abuse) is a pervasive problem throughout the United States. It may consist of physical actions, such as punching, kicking, or choking. In other situations, it may involve more subtle behaviors, such as stalking or harassment. People often think of domestic violence as occurring between spouses or romantic partners, but it can occur between any family or household members, or even people who are more tenuously related in some cases. A person of any gender or sexual orientation can inflict or experience domestic violence.

One of the main shields protecting people who have experienced domestic violence is a restraining order, also sometimes known as a protective order or an injunction. These orders are pursued through civil rather than criminal proceedings, which means that the person experiencing domestic violence does not need to prove their allegations beyond a reasonable doubt. However, violating a restraining order can lead to jail time, fines, and other penalties. A restraining order also can have a drastic impact on family law matters, such as the custody of shared children. Both sides of the proceeding thus should make sure to know and protect their rights.

Virtually all states provide for temporary and final restraining orders. A temporary restraining order lasts for a very short time (days or weeks). It is usually designed to protect a person experiencing domestic violence until the court can hold a full hearing on their petition for protection. A temporary restraining order usually may be issued without a full hearing in court, and the person against whom the order is sought (known as the respondent) generally does not have a right to appear to present their side of the story. This type of order is known as an ex parte order. In contrast, a judge usually will need to hold a full evidentiary hearing before they can grant a final restraining order, which may last indefinitely or for a fixed term, such as one year. A person experiencing domestic violence often can ask a court to extend an order with a fixed term, while the subject of the order may be able to ask to modify or cancel the order.

The relief provided by restraining orders varies according to the discretion of the judge. In most states, though, a judge can order a respondent to cease committing or threatening to commit domestic violence against the person experiencing domestic violence, keep a certain distance from the person experiencing domestic violence (and their home, workplace, or school), and refrain from non-physical forms of contact with the person experiencing domestic violence, such as letters or phone calls. Sometimes a judge might grant sole use of a shared home or vehicle to the person experiencing domestic violence. Restraining orders also may curtail the gun rights of the respondent, require the respondent to undergo counseling or treatment, or order the respondent to pay restitution or support to the person experiencing domestic violence. If the person experiencing domestic violence has children, a judge can issue an order that protects their safety as well, including adjustments to a custody or visitation arrangement.

Click on a state below for information about procedures for domestic violence restraining orders and links to forms that you may need to file if you are involved in a restraining order proceeding.

Alabama

Who is eligible for protection: In general, a person experiencing domestic abuse or someone who has reasonable cause to believe that they are in immediate danger of domestic abuse by their spouse or former spouse, a person who has a child in common with them, a person who is dating or recently has dated them, a parent or stepparent who lives or has lived with them, a child or stepchild who lives or has lived with them, or a current or former household member (involving living together during a romantic or sexual relationship); a person experiencing domestic abuse is also eligible for protection against a relative of a current or former household member if the relative also lived with them
Where to file: The county where the person experiencing domestic abuse lives, the county where the respondent lives, the county where the person experiencing domestic abuse is temporarily staying if they fled a residence shared with the respondent (however, a person should not file in the location where they have fled if they intend to keep this location private), or the county where there is a pending civil case between the person experiencing domestic abuse and the respondent
Definition of domestic violence:Alabama Code Section 30-5-2

Alabama domestic violence restraining orders, also known as protection from abuse orders, come in two forms. First, a person experiencing domestic abuse can get a temporary (ex parte) protection from abuse order without a court hearing if a judge finds that they need protection from abuse or that they are facing an emergency that involves an immediate and present danger of abuse. A judge has up to three business days to determine whether to grant a temporary order. This order lasts until the full court hearing, which can take place up to 10 days later. At the hearing, both the person experiencing domestic abuse and the respondent can appear and present evidence. If the judge finds in favor of the person experiencing domestic abuse, they can issue a final protection from abuse order, which may or may not be permanent at the discretion of the judge.

Alabama Domestic Violence Restraining Orders Forms and Resources

Alaska

Who is eligible for protection: In general, a person experiencing or potentially experiencing domestic abuse by another household member; household members may be current or former spouses, people who have or have had a sexual relationship, people who are dating or have dated, people who live or have lived together, people who are related by blood (or half-blood) or adoption, people who are related through a current or former marriage, people who have a child in common, or minor children of a person in any of the above relationships
Where to file: The judicial district where the person experiencing domestic abuse lives, the judicial district where the respondent lives, or the judicial district where the domestic abuse occurred
Definition of domestic violence:Alaska Statutes Section 18.66.990

Alaska domestic violence restraining orders, also known as domestic violence protective orders, come in three forms. First, an emergency order may be issued by a judge upon a request by a police officer with the consent of the person experiencing domestic violence. The judge must find that the person experiencing domestic violence is in immediate danger of domestic violence, due to an allegation of a recent incident of domestic violence. An emergency order lasts for 72 hours. Second, a judge may issue an ex parte order for up to 20 days upon a petition by a person experiencing domestic violence. The judge must find that the person experiencing domestic violence needs an immediate protective order. Finally, a judge may issue a final or long-term protective order after a full evidentiary hearing. This order lasts for one year, although the general prohibition against domestic violence lasts indefinitely.

Alaska Domestic Violence Restraining Orders Forms and Resources

Domestic Violence, Stalking, or Sexual Assault, Alaska Court System Self-Help Services (scroll down for forms)

Arizona

Who is eligible for protection: In general, a person experiencing or potentially experiencing domestic abuse by their current or former spouse, a relative or a relative of their spouse by blood or marriage or through a court order, a person who has or has had a romantic or sexual relationship with the person experiencing domestic violence, a person who has a child (or unborn child) in common with the person experiencing domestic violence, or a person who lives or has lived in the same household with the person experiencing domestic violence; a minor may also be eligible if they live or have lived in the same household with the respondent and meet certain separate relationship requirements
Where to file: Any superior, municipal, or justice court in any Arizona county, with certain narrow exceptions
Definition of domestic violence:Arizona Revised Statutes Section 13-3601

Arizona domestic violence restraining orders, also known as domestic violence orders of protection, come in two forms. First, an emergency order of protection is issued if a person experiencing domestic violence faces an immediate and present danger of further domestic violence. This order lasts until the close of business on the next business day after it is issued or for 72 hours, whichever is longer. Second, a full order of protection lasts for one year after it is served on the respondent. Getting this order does not require a full hearing or the presence of the respondent. A judge will issue the order if they find reasonable cause to believe that the respondent committed an act of domestic violence against the person experiencing domestic violence within the last year (or sometimes a longer period), or that they may commit an act of domestic violence against the person experiencing domestic violence.

Arizona Domestic Violence Restraining Orders Forms and Resources

Arkansas

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member, such as a spouse, an ex-spouse, a parent, a child, an in-law, a person related to the person experiencing domestic abuse by blood within the fourth degree of consanguinity, a person who lives or has lived with the person experiencing domestic abuse, a person who has or has had a dating relationship with the person experiencing domestic abuse, a person who has a child in common with the person experiencing domestic abuse, or any child living in the household of the person experiencing domestic abuse
Where to file: The county where the person experiencing domestic abuse lives (even if they are living in a domestic violence shelter, although a person should not file in the location where they have fled if they intend to keep this location private), the county where the abuse occurred, or any county where the respondent lives, works, or otherwise can be served with court papers
Definition of domestic violence:Arkansas Code Section 9-15-103

Arkansas domestic violence restraining orders, also known as domestic violence orders of protection, come in two forms. First, a temporary (ex parte) order of protection may be issued without providing notice and an opportunity to be heard to the respondent. It may be issued on the day that a petition is filed if the judge determines that the person experiencing domestic abuse is facing an immediate danger, or in certain other circumstances. This order lasts until the hearing on the final order, which usually happens no more than 30 days later. Second, a court can issue a final order of protection after a full hearing at which the person experiencing domestic abuse and the respondent can appear and present evidence. The length of this order varies between 90 days and 10 years, and it can be renewed if a judge finds that the person who experienced domestic abuse still faces a threat of harm.

Arkansas Domestic Violence Restraining Orders Forms and Resources

California

Who is eligible for protection: In general, a person experiencing domestic abuse by a spouse or an ex-spouse, the other parent of their child, a person who is dating or previously dated them (frequent and intimate associations involving an expectation of affection or sexual involvement), a cohabitant (someone who regularly lives or lived in their home), or a person related to them by blood, marriage, or adoption (including parents, children, siblings, grandparents, grandchildren, and in-laws)
Where to file: In general, the county where the respondent lives, the county where the domestic abuse occurred, or any court where there is a pre-existing civil case between the person experiencing domestic abuse and the respondent
Definition of domestic violence:California Family Code Section 6203; California Family Code Section 6211; California Family Code Section 6320(a)

California domestic violence restraining orders come in three forms. First, an emergency protective order may be issued upon a request by a police officer. The judge must find that the person experiencing domestic violence faces an immediate and present danger of domestic violence or that there is an immediate and present danger of child abuse or child abduction. This order will last for no longer than seven days or five business days, whichever is shorter. Second, a temporary restraining order lasts until the hearing on the final order, which usually happens no more than three weeks later. A temporary (ex parte) restraining order will be issued if a person experiencing domestic violence needs protection from an immediate threat and cannot wait for a court hearing. Finally, a final restraining order may be issued after a full hearing. This order will last for three years if the judge does not provide an end date, but the judge can issue an order for up to five years. A person who experienced domestic violence then can ask for an extension of the order (permanently or for another five-year term) within three months before it expires, without needing to produce evidence of continuing abuse.

California Domestic Violence Restraining Orders Forms and Resources

Ask for a Restraining Order, California Courts (scroll down for forms)

Colorado

Who is eligible for protection: In general, a person experiencing domestic abuse by a spouse or former spouse, a relative or former relative by blood or marriage, the other parent of their child, a current or former intimate partner, or a current or former housemate
Where to file: The county where the person experiencing domestic abuse lives, the county where the respondent lives, the county where the domestic abuse occurred, the county where the person experiencing domestic abuse works, or the county where the respondent works
Definition of domestic violence:Colorado Revised Statutes Section 13-14-101 (see p. 147)

Colorado domestic violence restraining orders, also known as domestic violence protection orders, come in three forms. First, law enforcement can ask a court for an emergency protection order if they believe that a person faces an immediate and present danger of abuse. These orders typically are not needed unless the court is closed or a judge cannot hold a hearing on a petition for a temporary protection order on the day when it is filed. Emergency protection orders last only for a few days. Second, a judge may issue a temporary (ex parte) protection order if they find that the person experiencing domestic violence is in immediate danger. It lasts until the hearing on the permanent order, which usually happens no more than 14 days later. Finally, a permanent protection order can be issued after a full hearing at which the person experiencing domestic violence and the respondent appear in court. Alternatively, the judge can continue the temporary protection order for up to one year if the person experiencing domestic violence and the respondent agree.

Colorado Domestic Violence Restraining Orders Forms and Resources

Connecticut

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member, including a spouse or former spouse, a parent or child, a person who is dating or has recently dated the person experiencing domestic abuse, a person related to the person experiencing domestic abuse by blood or marriage, a person who has a child with the person experiencing domestic abuse, a person who lives or used to live with the person experiencing domestic abuse, or a live-in caretaker if the person experiencing domestic abuse is 60 or older
Where to file: In general, the judicial district where the person experiencing domestic abuse lives or the judicial district where the respondent lives
Definition of domestic violence:Connecticut General Statutes Section 46b-15; Connecticut General Statutes Section 53a-62

Connecticut domestic violence restraining orders, also known as relief from abuse orders, come in two forms. First, a judge can issue a temporary (ex parte) restraining order if they find that the person experiencing domestic violence faces an immediate and present physical danger. This order will last until the hearing on the permanent order, which happens no more than 14 days later in most cases, although the temporary order may be extended for an additional 14 days in certain situations if a hearing has not yet occurred. Second, a judge can issue a permanent restraining order once they hold a hearing at which the person experiencing domestic violence and the respondent each have the opportunity to present evidence supporting their position. This order will last for up to one year, but a judge has the discretion to extend it if they find that this is necessary.

Connecticut Domestic Violence Restraining Orders Forms and Resources

Delaware

Who is eligible for protection: In general, a person experiencing domestic abuse by their current or former spouse, their custodian, their child, a person who has or has had a substantive dating relationship with them, a person who has a child in common with them, a person who is related to them by blood, adoption, or marriage and who lives in their household, a person who is living with them as a couple, or a person who is their parent, sibling, grandparent, grandchild, stepparent, stepchild, or in-law
Where to file: The county where the person experiencing domestic abuse lives, the county where the respondent lives, the county where the domestic abuse occurred, or a county where the person experiencing domestic abuse is temporarily located to avoid abuse (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:10 Delaware Code Section 1041

Delaware domestic violence restraining orders, also known as orders of protection from abuse, come in two forms. First, a person experiencing domestic violence can receive an emergency (ex parte) order of protection from abuse if they need immediate protection. These orders can be issued without giving the respondent notice and an opportunity to be heard. An emergency order lasts until the hearing on the final order, which usually happens no more than 15 days later, although the emergency order can be extended to last for up to 30 days if the court has not yet held a hearing. Second, a judge can issue a full order of protection from abuse once the person experiencing domestic violence and the respondent have the opportunity to present their positions in court. These orders generally last for up to one year, although certain provisions may last for up to two years (or sometimes permanently) if certain aggravating circumstances exist, and the judge finds that a longer term is necessary. A person who experienced domestic violence may also ask to extend an order if they can meet certain factors.

Delaware Domestic Violence Restraining Orders Forms and Resources

District of Columbia

Who is eligible for protection: In general, a victim of a crime (or a target of a criminal threat) by their spouse or ex-spouse, their domestic partner or former domestic partner, a person in a romantic, dating, or sexual relationship with them, a person who has a child in common with them, a roommate or other person who has shared a home with them, a person who has or has had an intimate relationship with a person with whom the person filing has or has had an intimate relationship, and a person related to the person filing by blood, marriage, domestic partnership, adoption, or legal custody
Where to file: DC Superior Court (Domestic Violence Intake Center)
Definition of domestic violence:District of Columbia Code Section 16-1001; District of Columbia Code Section 16-1003

District of Columbia domestic violence restraining orders, which are a type of civil protection order, come in two forms. First, a judge can issue a temporary (ex parte) protection order without providing the respondent with notice and an opportunity to be heard. The judge must find that the safety or welfare of the person seeking the order (or their household member) faces immediate danger from the respondent. The initial temporary protection order lasts for up to 14 days, but it may be extended for additional periods until the court decides whether to issue a final protection order. A final order may be issued if the judge finds in favor of the person experiencing domestic violence after the person experiencing domestic violence and the respondent each have the opportunity to present evidence at a hearing, if the respondent fails to appear despite being properly served, or if the respondent consents. A final order lasts for up to one year, but the person who experienced domestic violence or the person subject to the order can ask the court to extend or cancel it later.

District of Columbia Domestic Violence Restraining Orders Forms and Resources

Florida

Who is eligible for protection: In general, a person experiencing domestic abuse or someone who has reasonable cause to believe that they are in immediate danger of becoming a person experiencing domestic abuse by their current or former spouse, a person who has a child in common with them, a person who lives or has lived with them as if they were part of their family, or a person related to them by blood or marriage
Where to file: The county where the person experiencing domestic abuse lives (or lives temporarily, but a person should not file in the location where they have fled if they intend to keep this location private), the county where the respondent lives, or the county where the domestic abuse occurred
Definition of domestic violence:Florida Statutes Section 741.28; Florida Statutes Section 741.30

Florida domestic violence restraining orders, also known as injunctions for protection against domestic violence, come in two forms. First, a judge can issue a temporary (ex parte) injunction without testimony by the person experiencing domestic violence or the appearance of the respondent if they find that there is an immediate and present danger of domestic violence. This order will last until the hearing on the final injunction, which usually will occur within 15 days. A judge will issue a final injunction if they find in favor of the person experiencing domestic violence at the full hearing after reviewing evidence from both parties. A final injunction may last indefinitely or for a certain time. If the injunction lasts indefinitely, the person who experienced domestic violence or the person subject to the injunction can ask the court to change or end the injunction later.

Florida Domestic Violence Restraining Orders Forms and Resources

Georgia

Who is eligible for protection: In general, a person experiencing domestic abuse by their current or former spouse, a parent, a child, a stepparent or stepchild, a foster parent or foster child, a person who has a child in common with them, or a person who lives or has lived in the same household with them
Where to file: In general, the county where the respondent lives, but a person experiencing domestic abuse can file in the county where they live or where the domestic abuse occurred if the respondent does not live in Georgia
Definition of domestic violence:Georgia Code Section 19-13-1

Georgia domestic violence restraining orders, also known as family violence protective orders, come in two forms. First, a judge can issue a temporary (ex parte) order if they find that the person experiencing domestic violence is facing an immediate danger. This order usually lasts until the court holds a hearing on the long-term order, which happens within 30 days unless the parties agree to an extension. Second, after a hearing at which they may consider evidence presented by both sides, a judge can issue a family violence protective order. This order will last for up to one year, but it can be extended for up to three years, at which point it will be considered a permanent order.

Georgia Domestic Violence Restraining Orders Forms and Resources

Hawaii

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member, including a current or former spouse, a person who has a child in common with them, a parent, a child, a person related to them by blood or marriage, a person who lives or has lived with them (but not roommates or mere co-tenants), a person who is dating or used to date them, or a current or former reciprocal beneficiary (a person whom they cannot legally marry but who has a significant personal, economic, and emotional relationship with them)
Where to file: Any family court in the circuit where the person experiencing domestic abuse lives
Definition of domestic violence:Hawaii Revised Statutes Section 586-1

Hawaii domestic violence restraining orders, also known as orders for protection, come in two forms. First, a judge may issue a temporary restraining order without providing the respondent with notice and an opportunity to be heard. This order will last for up to 180 days or until a final order for protection takes effect, although a court usually will hold a hearing on the order within 15 days. The respondent may appear at this hearing and provide evidence in support of terminating the order. Second, a judge may issue a final order for protection, which lasts for a longer time, if the judge finds that the respondent did not prove that the temporary order should be terminated, and the person experiencing domestic violence needs continued protection to shield them from new or continuing episodes of domestic violence.

Hawaii Domestic Violence Restraining Orders Forms and Resources

Protective Orders, Hawaii State Judiciary
Court Forms, Hawaii State Judiciary (choose the Family Court in your circuit)

Idaho

Who is eligible for protection: In general, a person experiencing domestic abuse by their spouse or former spouse, their parent, their sibling, their grandparent, a person who lives or has lived with them, a person who has a child in common with them, a person who has or has had a dating relationship with them, and any family member related to them by blood, adoption, or marriage
Where to file: The county where the person experiencing domestic abuse lives, the county where the respondent lives, or the county where the person experiencing domestic abuse is temporarily living to escape abuse (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Idaho Code Section 39-6303

Idaho domestic violence restraining orders, also known as protection orders, come in two forms. First, a judge may issue a temporary (ex parte) order without providing notice to the respondent if they find that the person experiencing domestic violence could suffer serious or permanent harm due to domestic violence without the order. This order usually lasts until a hearing on the final order, or for up to 14 days. Second, a judge may issue a final protection order if they find that the person experiencing domestic violence faces an immediate and present danger of domestic violence after reviewing evidence from the person experiencing domestic violence and potentially the respondent at a full hearing. This order usually lasts for up to one year, but the person who experienced domestic violence can ask the court to extend it later.

Idaho Domestic Violence Restraining Orders Forms and Resources

Illinois

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member, a high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member, a minor child or dependent adult in the care of an abused person or high-risk adult, a person who lives or works at a private home or public shelter that houses an abused family or household member, or a foster parent, adoptive parent, prospective adoptive parent, or legally appointed guardian or custodian of a child who is abused by a family or household member of the child
Where to file: In general, the county where the person experiencing domestic abuse lives, the county where the respondent lives, the county where the domestic abuse occurred, or the county where the person experiencing domestic abuse is temporarily living if they escaped their home to avoid abuse and could not find safe temporary housing in their county (however, a person should not file in the location where they have fled if they intend to keep this location private); however, the person experiencing domestic abuse generally must file in the county where any home is located from which they are seeking to remove the respondent
Definition of domestic violence:750 Illinois Compiled Statutes Section 60/103

Illinois domestic violence restraining orders, also known as orders of protection, come in three forms. First, a judge can issue an emergency order of protection without providing the respondent with notice and an opportunity to be heard if they find that the person experiencing domestic violence would likely suffer the type of harm that they are trying to prevent if the respondent is notified of the petition. This order lasts until the hearing on the plenary order, which usually occurs in two or three weeks. Alternatively, a judge may issue an interim order of protection for up to 30 days. This order may be issued only if the respondent has been notified of the court hearing, or if the respondent or their legal representative has appeared in court. Finally, a judge may issue a plenary order of protection after a full evidentiary hearing where both parties have the opportunity to present evidence. This order can last for up to two years, and it may be renewed indefinitely.

Illinois Domestic Violence Restraining Orders Forms and Resources

Indiana

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member, including a current or former spouse, a person who has a child in common with the person experiencing domestic abuse, a person who lives or lived with the person experiencing domestic abuse in an intimate relationship, a person who is dating or has dated the person experiencing domestic abuse or who has or has had a sexual relationship with the person experiencing domestic abuse, a parent of a child whom the person experiencing domestic abuse adopted, a person who is related to the person experiencing domestic abuse by blood or adoption, a person who is related to the person experiencing domestic abuse by marriage, or a person who is or was the guardian, ward, custodian, or foster parent of the person experiencing domestic abuse; a minor child of a person in this type of relationship also is eligible
Where to file: The county where the person experiencing domestic abuse lives, the county where the respondent lives, the county where the domestic abuse happened, or the county where the person experiencing domestic abuse is staying temporarily to avoid abuse (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Indiana Code Section 34-6-2-34.5

Indiana domestic violence restraining orders, also known as orders for protection, come in two forms. First, a court can issue an ex parte order for protection without providing the respondent with notice and an opportunity to be heard. This order may last for up to two years unless the court provides otherwise, or unless the person experiencing domestic violence or the respondent requests a hearing (or the judge schedules a hearing) on the order within 30 days after the respondent is served. Second, a court can issue a final order for protection after a full evidentiary hearing in which the respondent has an opportunity to participate. This order usually will last for two years, and a person who experienced domestic violence can ask the court to extend it later.

Indiana Domestic Violence Restraining Orders Forms and Resources

Iowa

Who is eligible for protection: In general, a person experiencing domestic abuse by an ex-spouse following a divorce or separation, a person who has a child in common with them, a person who has or had a significant romantic (but not necessarily sexual) relationship with them and had contact with them during the year preceding the domestic abuse, or a family or household member who lived with them when the domestic abuse occurred or at any time during the previous year, such as a spouse or domestic partner, a parent, or a relative by blood or marriage
Where to file: The judicial district where the person experiencing domestic abuse lives or the judicial district where the respondent lives
Definition of domestic violence:Iowa Code Section 236.2; Iowa Code Section 708.1

Iowa domestic violence restraining orders, also known as protective orders, come in three forms. First, a court can issue an emergency order for 72 hours if the courts are closed during an emergency. This allows a person experiencing domestic violence to request a temporary order, which protects them until the court holds a full hearing on the petition for a permanent order. A hearing usually will happen no more than 15 days later. The judge will review evidence presented by the person experiencing domestic violence and potentially the respondent in deciding whether a permanent order is appropriate. If the judge finds in favor of the person experiencing domestic violence, they can issue a permanent order for up to one year. A person who experienced domestic violence also can ask the court to extend the order later.

Iowa Domestic Violence Restraining Orders Forms and Resources

Court Forms, Iowa Judicial Branch (scroll down and click on folder for Domestic Abuse or Violence)

Kansas

Who is eligible for protection: In general, a person experiencing domestic abuse by an intimate partner or household member, such as a spouse or former spouse, someone who lives or has lived with them, someone who is dating or has dated them, or someone who has a child in common with them
Where to file: Any district court in Kansas
Definition of domestic violence:Kansas Statutes Section 60-3102

Kansas domestic violence restraining orders, also known as protection from abuse orders, come in three forms. First, a judge can issue an emergency protection from abuse order if a law enforcement officer asks for this order on behalf of a person who needs immediate protection while the court is closed. The judge must find that the person for whom protection is sought faces an immediate and present danger of abuse. An emergency order lasts until the end of the next day on which the courthouse is open. Second, a judge can issue a temporary protection from abuse order without an appearance by the respondent if the judge determines that the person experiencing domestic violence or their family faces an immediate danger. This order will last until the hearing on the final order, which usually will occur within three weeks. Finally, a judge can grant a final protection from abuse order after a full evidentiary hearing in which both parties have the opportunity to present evidence. This order lasts for up to one year, but it can be extended for a term lasting up to the rest of the respondent’s life if the judge finds that certain conditions are satisfied.

Kansas Domestic Violence Restraining Orders Forms and Resources

Kentucky

Who is eligible for protection: In general, a person experiencing domestic abuse by a spouse or former spouse, a parent or child, a stepparent or stepchild, a grandparent or grandchild, a person who has a child in common with them, or a boyfriend or girlfriend who lives or has lived with them as a couple; a child experiencing domestic abuse is eligible for protection from anyone who lives in their household (regardless of the relationship) or from a boyfriend or girlfriend of their parent who lives with the parent or has a child in common with the parent
Where to file: The county where the person experiencing domestic abuse lives or the county to which they have escaped to avoid abuse (however, a person should not file in the location to which they have fled if they intend to keep this location private)
Definition of domestic violence:Kentucky Revised Statutes Section 403.720

Kentucky domestic violence restraining orders, also known as protective orders, come in two forms. First, a judge can issue an emergency (ex parte) protective order if they find that the person experiencing domestic violence faces an immediate and present danger of domestic violence. The respondent does not have a right to appear in court before this order is issued. An emergency protective order lasts until the hearing on the final order, which usually happens within 14 days. However, an emergency order can be extended for additional 14-day terms, up to a maximum period of six months, if the respondent cannot be served notice of the hearing. Second, a judge can issue a final domestic violence order after a full evidentiary hearing in which the person experiencing domestic violence presents evidence if the judge finds that domestic violence has occurred and may occur again. The respondent will also have the opportunity to present evidence. This order lasts for up to three years and may be extended for additional three-year terms.

Kentucky Domestic Violence Restraining Orders Forms and Resources

Legal Forms, Kentucky Court of Justice (search for “protective order”)

Louisiana

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member or a dating partner, including a spouse or former spouse, a parent or child, a stepparent or stepchild, a foster parent or foster child, a grandparent or grandchild, a person who lives or has lived in the same home as the person experiencing domestic abuse while conducting a sexual or intimate relationship with them, or a person with whom the person experiencing domestic abuse is or has been involved in a sexual or intimate relationship (regardless of whether they live or have lived together)
Where to file: The parish where the person experiencing domestic abuse lives, the parish where the respondent lives, the parish where the domestic abuse occurred, the parish where the marital home or a home shared with the respondent is located, or any parish where divorce or annulment proceedings could be filed
Definition of domestic violence:Louisiana Revised Statutes Section 46:2132

Louisiana domestic violence restraining orders, also known as protective orders, come in three forms. First, a judge may issue an emergency temporary restraining order if they find that a person experiencing domestic violence needs protection when the court is closed, and they are facing an immediate and present danger of abuse. This order lasts until the end of the next day on which the court is open. Second, a judge may issue a temporary restraining order without providing the respondent with an opportunity to appear if they find that the person experiencing domestic violence faces an immediate and present danger of abuse. This order will last until the hearing on the long-term order, which usually will happen within three weeks. The person experiencing domestic violence and the respondent each can present evidence at the hearing, and the judge can issue a long-term protective order for up to 18 months if they find in favor of the person experiencing domestic violence. Certain provisions in the order may last indefinitely, and a person who experienced domestic violence can ask the judge to extend the order later.

Louisiana Domestic Violence Restraining Orders Forms and Resources

Maine

Who is eligible for protection: In general, a person experiencing domestic abuse by a family or household member or a dating partner, including a spouse or ex-spouse, a person who is living or has lived with them, a person who has a child in common with them, any current or former sexual partner, a person whom the person experiencing domestic abuse is dating or has dated, or any relative by blood or marriage
Where to file: The district court of any division where the person experiencing domestic abuse lives, the respondent lives, or the person experiencing domestic abuse is temporarily living (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Maine Revised Statutes Title 19-A, Section 4002

Maine domestic violence restraining orders, which are a type of protection from abuse order, come in two forms. First, a judge can issue a temporary protection from abuse order without providing the respondent with notice and an opportunity to be heard. The judge may grant this order if they find good cause, such as an immediate and present danger to the person experiencing domestic violence. A temporary order will last until it is terminated by another order or until a judge grants a final protection from abuse order. A hearing on the final order usually will be scheduled within 21 days, and the person experiencing domestic violence and the respondent can present evidence to support their positions. If a judge finds in favor of the person experiencing domestic violence, or if both parties consent, the judge can issue a final protection from abuse order for up to two years. A person who experienced domestic violence can ask the court to extend this order later.

Maine Domestic Violence Restraining Orders Forms and Resources

Maryland

Who is eligible for protection: In general, a person experiencing domestic abuse by a current or former spouse, a person who had a sexual relationship with the person experiencing domestic abuse and who lived with the person experiencing domestic abuse for at least 90 days during the one-year period before the petition was filed, a person who had a sexual relationship with the person experiencing domestic abuse at some point in the year before the petition was filed, a person who has a child in common with the person experiencing domestic abuse, a person who allegedly committed rape or another sex crime against the person experiencing domestic abuse at some point in the six months before the petition was filed, or a person related to the person experiencing domestic abuse by blood, adoption, or marriage; special provisions apply to parents, children, stepparents, and stepchildren of the person experiencing domestic abuse or the respondent, any of whom may be eligible for protection if they lived with either the person experiencing domestic abuse or the respondent for at least 90 days during the year before the petition was filed
Where to file: Any district court or circuit court in Maryland; even if the abuse happened in a different state, a person experiencing domestic abuse still can file in Maryland
Definition of domestic violence:Maryland Family Law Code Section 4-501

Maryland domestic violence restraining orders, also known as protective orders, come in three forms. First, a district court commissioner can issue an interim order if the court clerk’s office is closed. This will protect the person experiencing domestic violence until a judge can hold a hearing, which usually will happen within a few days. Second, a judge can issue a temporary protective order without giving the respondent an opportunity to appear. This order generally lasts for seven days after it is served on the respondent, although it may be extended for up to six months if the court has not yet held a full hearing on the final order. Finally, a judge may issue a final protective order if they find in favor of the person experiencing domestic violence after a full evidentiary hearing where both parties have the opportunity to present evidence. This order will last for up to one year, unless the judge decides otherwise, or for up to two years in certain cases. A person who experienced domestic violence can ask the court to extend the order later, or even to issue a permanent protective order that lasts indefinitely if they can prove certain facts.

Maryland Domestic Violence Restraining Orders Forms and Resources

Domestic Violence, Maryland Courts (scroll down for forms)

Massachusetts

Who is eligible for protection: In general, a person experiencing domestic abuse by a current or former spouse, a person who lives or has lived with the person experiencing domestic abuse, a person who has a child in common with the person experiencing domestic abuse, a person who has or has had a substantial dating relationship with the person experiencing domestic abuse (according to its length and nature, the frequency of interactions, and when it ended), or a person related to the person experiencing domestic abuse by blood or marriage
Where to file: Generally, the county where the person experiencing domestic abuse lives, or the county where they are living temporarily to escape abuse (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Massachusetts General Laws Chapter 209A, Section 1

Massachusetts domestic violence restraining orders, also known as abuse prevention orders, come in three forms. First, a judge can issue an emergency order if they find that the person experiencing domestic violence faces a substantial likelihood of an immediate danger of abuse, and the court is closed, or the person experiencing domestic violence cannot physically go to court. This order will last until the next business day, when the person experiencing domestic violence or someone on their behalf will need to file for an abuse prevention order. Second, a judge can issue a temporary (ex parte) order without giving the respondent notice and an opportunity to be heard if they find that the person experiencing domestic violence faces a substantial likelihood of an immediate danger of abuse. These orders last for up to 10 business days, within which the court will hold a full hearing on the final order. If the judge finds in favor of the person experiencing domestic violence after the full hearing, at which they can hear evidence from both sides, the judge can issue a final abuse prevention order that lasts for up to one year and can be extended permanently.

Massachusetts Domestic Violence Restraining Orders Forms and Resources

Michigan

Who is eligible for protection: In general, a person experiencing domestic abuse by a spouse or former spouse, a person who has a child in common with them, a person who is dating or has dated them, or any person who lives or has lived in their home
Where to file: Generally, the circuit court in any Michigan county; if the respondent is a minor, the county where the person experiencing domestic abuse lives or the county where the respondent lives
Definition of domestic violence:Michigan Compiled Laws Section 600.2950

Michigan domestic violence restraining orders, also known as domestic relationship personal protection orders, come in two forms. First, a judge can issue an ex parte order without providing the respondent with notice and an opportunity to be heard. They must decide whether this order is appropriate within one business day of when the person experiencing domestic violence asks for the order. A judge will issue this order if they find that the person experiencing domestic violence will suffer immediate and irreversible injury, loss, or damage during the time required to serve the respondent with notice or during the time before the court can issue a final order. An ex parte order will last for at least 182 days, although the respondent can ask the court for a hearing to modify or terminate the order. A judge can issue a final domestic relationship personal protection order if they find in favor of the person experiencing domestic violence after a hearing, at which the person experiencing domestic violence and the respondent each can present evidence.

Michigan Domestic Violence Restraining Orders Forms and Resources

Minnesota

Who is eligible for protection: In general, a person experiencing domestic abuse by a spouse or former spouse, a parent or child, a person who has a child in common with them, a person with whom they are expecting a child, a person who lives or has lived with them, a blood relative, or a person who has or has had a significant romantic or sexual relationship with them
Where to file: The county where the person experiencing domestic abuse lives, the county where the respondent lives, the county where the domestic abuse occurred, or any county where there is or has been a family court proceeding involving the person experiencing domestic abuse and the respondent or a child of the person experiencing domestic abuse and the respondent
Definition of domestic violence:Minnesota Statutes Section 518B.01

Minnesota domestic violence restraining orders, also known as orders for protection, come in two forms. First, a judge can issue an ex parte temporary order of protection if they find that the person experiencing domestic violence needs immediate protection from an immediate and present danger of domestic violence. This order usually lasts for up to two years, or for another fixed period decided by the judge, but the respondent may request a hearing on the order. The person experiencing domestic violence also can return to court to ask for greater protections than those that the judge initially granted. If the court holds a hearing on the order, the person experiencing domestic violence and the respondent can present evidence to support their positions. A full order also lasts for up to two years, except in certain circumstances involving repeated misconduct by the respondent. A person who experienced domestic violence also can ask to extend this order if they still will face a threat from the person subject to the order after it ends.

Minnesota Domestic Violence Restraining Orders Forms and Resources

Mississippi

Who is eligible for protection: In general, a person experiencing domestic abuse by a spouse or former spouse, a person who lives or has lived with them as a spouse, a person who has a child in common with them, a current or former dating partner, or a person who lives or has lived with them and is related to them by blood, adoption, or marriage
Where to file: The county or municipality where the respondent lives, or the county or municipality where the domestic violence occurred
Definition of domestic violence:Mississippi Code Section 93-21-3

Mississippi domestic violence restraining orders, also known as protective orders, come in two forms. First, a judge can issue a temporary order if they find that the person experiencing domestic violence is facing immediate harm to their family or themselves. This will last until the court holds a hearing on the final order, which usually happens within 10 days. However, a temporary order can last for up to 30 days if the person experiencing domestic violence and the respondent have minor children in common, or for up to one year if they do not have children. A judge can issue a final protective order once they hold a full evidentiary hearing at which the person experiencing domestic violence and the respondent have the opportunity to present evidence. This order lasts for a term decided by the judge at their discretion. Certain provisions in an order that relate to child custody and visitation or child support cannot last for longer than 180 days. These arrangements will revert to their pre-existing terms automatically after 180 days unless the person who experienced domestic violence or the person subject to the order asks the court for a more permanent change before then.

Mississippi Domestic Violence Restraining Orders Forms and Resources

Missouri

Who is eligible for protection: In general, a person experiencing domestic violence by their spouse or former spouse, someone who is or was living in the same household, a person related to them by blood or marriage, a person they’ve dated, or a person they have a child in common with (even if they’ve never been married or lived together); a person may also be protected from a stalker or a sexual assaulter, even if the stalker or assaulter doesn’t fit into a category above
Where to file: The county where the person experiencing domestic violence lives, the county where the respondent can be served (most likely where they live, but also for example, their workplace), or the county where the domestic violence took place
Definition of domestic violence:Missouri Revised Statutes Section 455.010

Missouri domestic violence restraining orders, also known as orders of protection due to domestic violence, come in two forms. First, a person experiencing domestic violence may get a temporary (ex parte) order of protection without a court hearing if a judge finds that there is an immediate and present danger of abuse. A temporary order is usually valid until the court hearing on the full order of protection, which will typically take place within about 15 days. At the hearing, both parties can appear and present evidence. If the judge finds in favor of the person experiencing domestic violence, they can issue a final order of protection that can last between 180 days and one year, but it can be extended.

Missouri Domestic Violence Restraining Orders Forms and Resources

Missouri Court Forms, Womens Law (resource for restraining order forms)

Montana

Who is eligible for protection: In general, a person experiencing domestic violence by their spouse, former spouse, a person they have a child in common with, a person they’re dating or have dated, a person with whom they have an ongoing intimate relationship, or a past or present family member, whether biological, adoptive, or through marriage; a person may also be protected from anyone (regardless of their relationship) if they committed assault, aggravated assault, assault on a minor, stalking, incest, sexual assault, or sexual intercouse without consent against them; or they are a partner or family member of a victim of deliberate homicide or mitigated deliberate homicide by the offender
Where to file: The county where the person experiencing domestic violence lives, the county where the respondent lives, or the county where the domestic violence took place
Definition of domestic violence:Montana Code Section 40-15-102

Montana domestic violence restraining orders, also known as orders of protection, come in two forms. First, a temporary order of protection may be issued without notice to the respondent if a judge finds that the person experiencing domestic violence is in danger of harm if the court does not act immediately. This temporary order is effective for up to 20 days. After about 20 days, a full court hearing will be held for a final order of protection. Both parties will have an opportunity to appear and present evidence. If the judge finds in favor of the person experiencing domestic violence, they can issue a final order of protection, which may or may not be permanent at the judge’s discretion.

Montana Domestic Violence Restraining Orders Forms and Resources

Nebraska

Who is eligible for protection: In general, a person experiencing domestic violence by their spouse or former spouse, a person they live with or used to live with, a person they have a child in common with, a person they are dating or have dated, a relative by blood or marriage, or their child
Where to file: Any district or county court
Definition of domestic violence:Nebraska Revised Statutes Section 42-903

Nebraska domestic violence restraining orders, also known as domestic violence protective orders, come in two forms. First, a temporary (ex parte) order may be issued without notice to the respondent if a judge finds the person experiencing domestic violence is in immediate danger of being abused. A temporary order may become a final order if the respondent is properly served with the temporary order, and they either do not request a show-cause hearing (and the person experiencing domestic violence or the judge also does not request or order one), a hearing is held and the respondent does not appear, or a hearing is held and the respondent cannot prove the order should be dismissed. A final protection order will last for one year but can be renewed.

Nebraska Domestic Violence Restraining Orders Forms and Resources

Nevada

Who is eligible for protection: In general, a person experiencing domestic violence by their spouse or former spouse, anyone they are related to by blood or marriage (not a sibling or cousin unless there exists a custodial or guardianship relationship), a person they are dating or have dated, or a person they have a child in common with; minor children of anyone fitting into the above categories or a minor child of (or someone in a custodial or guardianship relationship with) the respondent may also be protected
Where to file: A local justice or family court
Definition of domestic violence:Nevada Revised Statutes Section 33.018

Nevada domestic violence restraining orders, also known as orders for protection against domestic violence, come in two forms. First, a temporary order for protection can be granted without notice to the respondent if a judge finds an act of domestic violence was committed or there was a threat of domestic violence. The judge must make a decision on a temporary order within one day. A temporary order can last for up to 45 days or until a hearing is held. If law enforcement is unable to serve the respondent before 45 days have elapsed, the judge may postpone the hearing for 90 days (and an additional 90 days thereafter). Next, an extended order for protection may be issued after a hearing where both parties may appear and present evidence. If the person experiencing domestic violence prevails, the extended order may last for up to two years.

Nevada Domestic Violence Restraining Orders Forms and Resources

New Hampshire

Who is eligible for protection: In general, a person experiencing domestic violence by a family or household member (this may include a former spouse or household member or anyone related by marriage, but not a minor child living with the respondent), a current or former sexual partner, or a current or former intimate partner (an intimate partner is a romantic partner, not necessarily a sexual partner)
Where to file: The county or district where the person experiencing domestic violence lives, the county or district where the respondent lives, or the county or district where the person experiencing domestic violence has fled to avoid abuse (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:New Hampshire Revised Statutes Section 173-B:1

New Hampshire domestic violence restraining orders, also known as protective orders, come in three forms. First, a temporary emergency (ex parte) order may be issued by telephone if a judge finds the person experiencing domestic violence is in imminent danger. An order over the phone will last until the close of the next business day. For this order to last longer, the person experiencing domestic violence must appear in court before the close of the next business day. A temporary (ex parte) order may be issued during an appearance in court if the judge finds there is an immediate or present danger of abuse. Then, a hearing for the final order will be held within 30 days of when the petition is filed (or within 10 days of when the respondent is served, whichever is later). This hearing will be held within three to five days if the respondent actively requests a hearing. A final protective order may be issued during a hearing where both parties have the opportunity to appear and present evidence. A final order will last for up to one year, unless the judge decides otherwise.

New Hampshire Domestic Violence Restraining Orders Forms and Resources

New Jersey

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a present or former household member (but only if the person experiencing domestic violence is 18 or older or emancipated), a person they have a child in common with (including an unborn child), or a person they are currently dating or have dated
Where to file: The county where the person experiencing domestic violence lives, the county where the person experiencing domestic violence is temporarily living (however, a person should not file in the location where they have fled if they intend to keep this location private), the county where the respondent lives, or the county where the domestic violence occurred
Definition of domestic violence:New Jersey Revised Statutes Section 2C:25-19

New Jersey domestic violence restraining orders come in two forms. First, a temporary restraining order may be issued without notice to the respondent if a judge finds it is necessary to protect life, health, or well-being. The order will last until the hearing for a final order, usually within 10 days. The hearing for the final restraining order will be held to give both parties the opportunity to appear and present evidence. If the judge finds in favor of the person experiencing domestic violence, the final restraining order will be granted. This order does not have an end date and must be appealed to be changed.

New Jersey Domestic Violence Restraining Orders Forms and Resources

Completing the Domestic Violence Complaint and Application for a Temporary Restraining Order, New Jersey Division of Criminal Justice (includes forms)

New Mexico

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a parent, present or former stepparent, or present or former parent-in-law, a grandparent or grandparent-in-law, a child, stepchild, or grandchild, a co-parent of a child, or a person with whom they’ve had a continuing personal relationship (dating); a person experiencing stalking or sexual assault can file for protection regardless of the respondent’s relationship to them
Where to file: Any local district court
Definition of domestic violence:New Mexico Statutes Section 40-13-2

New Mexico domestic violence restraining orders, also known as protection orders, come in three forms. An emergency order may be granted through a police officer’s or sheriff’s request to a court. An emergency order will be issued without notice to the respondent if the judge finds reasonable grounds to believe the person experiencing domestic violence or their child is in immediate danger of domestic abuse following an incident of domestic abuse. An emergency order lasts for 72 hours, or until the close of the next business day, whichever is later. A temporary protection order can also be granted without notice to the respondent. This order is granted in court if a judge finds that domestic abuse has occurred. Afterwards, a hearing will be held within 10 days (or within 72 hours if the temporary protection order is not granted). A permanent protection order can be granted following a hearing where both parties have the opportunity to appear and present evidence. These orders can last for up to six months if they grant support or custody of a child (which may be extended for another six months), or for any period of time at the discretion of the judge.

New Mexico Domestic Violence Restraining Orders Forms and Resources

New York

Who is eligible for protection: In general, a person experiencing domestic violence by their spouse or former spouse, their relative by blood or marriage, a person they have a child in common with, or a person they were or are in an intimate relationship with
Where to file: The county where the domestic violence took place, the county where the person experiencing domestic violence lives, or the county where the respondent lives (if the respondent lives out of state, at least one abusive act must have taken place in New York State, but this includes phone calls, text messages, or emails received in New York State)
Definition of domestic violence:New York Family Court Act Section 812

New York domestic violence restraining orders, also known as orders of protection, come in two forms. First, a temporary (ex parte) order will be issued without notice to the respondent if a judge finds “good cause” to do so. This temporary order will last until the full court hearing, where both parties will have the opportunity to appear and present evidence. The judge will then issue a final order of protection if they find in favor of the person experiencing domestic violence. A final order of protection may last for up to five years, but it will usually be granted for two years. “Aggravating circumstances” will extend the order closer to five years, such as physical injuries, use of weapons, a history of repeated violations of prior orders, a prior conviction for a crime against the person experiencing domestic violence, exposure of a family or household member to physical injury, or certain prior incidents or behaviors that tend to show immediate or ongoing danger.

New York Domestic Violence Restraining Orders Forms and Resources

North Carolina

Who is eligible for protection: In general, a person experiencing domestic violence by their spouse or former spouse, a person of the opposite sex with whom they live or used to live, a relative over the age of 16, a person they have a child in common with, a current or former household member, or someone of the opposite sex they are dating or have dated
Where to file: In the county where the person experiencing domestic violence lives (permanently or temporarily, although a person should not file in the location where they have fled if they intend to keep this location private), or the county where the respondent lives
Definition of domestic violence:North Carolina General Statutes Section 50B-1

North Carolina domestic violence restraining orders, also known as domestic violence protective orders, come in two forms. First, a temporary (ex parte) protective order will be issued without notice to the respondent if a judge determines there is a serious and immediate danger to the person experiencing domestic violence or their child. If the temporary order is not issued the same day, the court must hear the request within 72 hours or the end of the next day the court is in session, whichever is first. A temporary protective order is effective until the full court hearing takes place, usually within 10 days (or within seven days from the date the respondent is served, if that occurs later). A temporary order will not be enforced until the respondent is served with the order. A final domestic violence protective order may be issued after a hearing in which both parties have the opportunity to appear and present evidence. A final order can last for up to one year, but it may be extended.

North Carolina Domestic Violence Restraining Orders Forms and Resources

North Dakota

Who is eligible for protection: In general, a person experiencing domestic violence or who can prove an act of domestic violence is about to be committed by their spouse or former spouse, their parent, their child, any other family member, a person related by blood or marriage, a person they are dating, a person they have lived with or are living with, or a person they have a child in common with; the relationship between the parties won’t matter if a judge determines there is a “sufficient” relationship
Where to file: Any district court
Definition of domestic violence:North Dakota Century Code Section 14-07.1-01

North Dakota domestic violence restraining orders, also known as protection orders, come in two forms. First, a temporary (ex parte) order can be issued without notice to the respondent if a judge finds there is an immediate and present danger of domestic violence based upon a recent incident of domestic violence. A temporary order lasts until the court hearing, usually held within 14 days. However, if a temporary order is granted by a magistrate (for instance, if courts are closed), the order will only last for 72 hours or until a district court can grant the temporary order. A domestic violence protection order may then be issued after a hearing in which both parties have the opportunity to appear and present evidence. The judge has discretion to determine how long this order will last.

North Dakota Domestic Violence Restraining Orders Forms and Resources

Ohio

Who is eligible for protection: In general, a person experiencing domestic violence by a person they have a child in common with, a person they have lived with or currently live with who is also their spouse or former spouse (including common law spouses), a parent, foster parent, or stepparent, a child or stepchild, a relative by blood or marriage, or any person related by blood or marriage to the common law spouse; a person experiencing domestic violence may also assert protection against a person they’ve had a dating relationship with within 12 months of the domestic violence incident
Where to file: The county where the person experiencing domestic violence currently or temporarily lives (however, a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Ohio Revised Code Section 3113.31

Ohio domestic violence restraining orders, also known as domestic violence protection orders, come in two forms. A temporary (ex parte) protection order may be granted on the same day it is filed, without notice to the respondent, if a judge finds there is “good cause” (immediate danger most likely fulfills the good cause requirement). A temporary order will last until the court hearing, usually seven to 10 days later. A civil protection order can be issued after a hearing in which both parties have the opportunity to appear and present evidence. If granted, a civil protection order can last for up to five years, depending on factors such as whether the respondent is a minor and whether the order includes custody, visitation, or support provisions.

Ohio Domestic Violence Restraining Orders Forms and Resources

Oklahoma

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a person they have a child in common with, a person they are dating or used to date, someone they lived with in an intimate way, parents, grandparents, stepparents, adoptive parents, and foster parents, children, grandchildren, stepchildren, adopted children, and foster children, or anyone related to them by blood or marriage living in the same household; a person experiencing domestic violence can also assert protection against a person who commited first-degree murder of an immediate family member or a perpetrator of rape, forcible sodomy, another sex offense, kidnapping, or assault and battery with a deadly weapon, regardless of whether they are family or live in the same household
Where to file: The county where the person experiencing domestic violence lives, the county where the respondent lives, or the county where the domestic violence took place (if the respondent is not a family or household member or an intimate partner, a police complaint must be filed first)
Definition of domestic violence:Oklahoma Statutes Section 22-60.1; Oklahoma Statutes Section 22-60.2

Oklahoma domestic violence restraining orders, also known as domestic violence protective orders, come in three forms. An emergency temporary order of protection may be granted when court is closed with the help of a police officer or sheriff. This order can be petitioned for without the knowledge of the respondent, but the respondent will be notified if it is granted. An emergency order will last until the next court appearance, usually within 14 days. On the other hand, an emergency (ex parte) order of protection can be granted during court hours without the involvement of the respondent if a judge finds it is necessary to protect a person from an immediate and present danger of domestic abuse, stalking, or harassment. This order remains in effect until the hearing on the final protective order, usually within 14 days. A final protective order can be issued after a court hearing in which both parties have the opportunity to appear and present evidence. If granted, the order can last for up to five years, but it may be permanent if the judge finds the respondent has a history of violating orders, has previously been convicted of a violent felony or felony stalking, or has another order issued against them in any state.

Oklahoma Domestic Violence Restraining Orders Forms and Resources

Oregon

Who is eligible for protection: In general, a person experiencing domestic violence in the last 180 days or who is in imminent danger of further abuse by a spouse or former spouse, an adult related by blood, marriage, or adoption, a person they are living with or have lived with and have a sexual relationship with, a person they have had a sexually intimate relationship with within two years before the filing of the restraining order petition, or a person who has a child in common with them
Where to file: The county where the person experiencing domestic violence lives or the county where the respondent lives
Definition of domestic violence:Oregon Revised Statutes Section 107.705

Oregon domestic violence restraining orders, also known as Family Abuse Prevention Act restraining orders, come in two forms. First, a temporary (ex parte) restraining order can be granted without notice to the respondent, but it will not be enforced against the respondent until they are served with it. After the respondent has received the order, they will have 30 days to ask for a hearing, which will be held within 21 days of the request (or five days if the respondent challenges any part of the order dealing with custody of children). At the hearing, both parties will have the opportunity to appear and present evidence. If the respondent does not request a hearing, the temporary order will become the final restraining order. A final restraining order lasts for one year, but it can be modified, extended, or withdrawn.

Oregon Domestic Violence Restraining Orders Forms and Resources

Pennsylvania

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a person they live with or have lived with as a spouse, a brother or sister, a parent or child, a family member related by blood or marriage, a current or former sexual or intimate partner, or someone who has a child in common with them
Where to file: The county where the person experiencing domestic violence lives (temporarily or permanently, although a person should not file in the location where they have fled if they intend to keep this location private) or works, the county where the respondent may be served (most likely where they live, but also for instance where they work), or the county where the abuse took place (if asking the judge to remove the respondent from a shared home, the petition must be filed in the county where the home is located)
Definition of domestic violence:Pennsylvania Consolidated Statutes Section 6102

Pennsylvania domestic violence restraining orders, also known as protection from abuse orders, come in three forms. An emergency order may be granted when courts are closed for immediate protection, with help from the police, if the on-call magistrate finds the person experiencing domestic violence is in immediate danger. An emergency order will only last until the next business day so that the person experiencing domestic violence has protection until courts open and can ask for a temporary (ex parte) order. A temporary order may be granted without notice to the respondent if the judge finds the person experiencing domestic violence or their minor children are in danger of future abuse and need immediate protection. A temporary order will last until the full court hearing on the final protection for abuse order, usually 10 days later. A final order may be issued after a hearing in which both parties have the opportunity to appear and present evidence. A final order can last for up to three years and may be extended.

Pennsylvania Domestic Violence Restraining Orders Forms and Resources

Rhode Island

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a parent or stepparent, a child or stepchild, a present or former family member, someone related by blood or marriage, someone they have a child in common with, someone they have seriously dated within the past year, or someone they have lived with at some point in the past three years; minor children may be protected from abuse even if they have no relationship with the respondent
Where to file: The family court (if the parties are related or a child is involved) or district court in the county where the person experiencing domestic violence lives (even temporarily, although a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Rhode Island General Laws Section 8-8.1-1

Rhode Island domestic violence restraining orders come in three forms. An emergency order can be granted with the help of a police officer if courts are closed. A judge can grant the temporary emergency order over the phone, but it will expire on the next business day. A temporary (ex parte) order may be granted in court, without notice to the respondent, during normal business hours if a judge finds immediate and severe injury, loss, or damage will occur if it is not granted. A temporary order will last for up to 21 days and can be extended if the final court hearing is not held within that time. A final restraining order can be issued after a full court hearing in which both parties have the opportunity to appear and present evidence. A final order can last for up to three years and may be extended.

Rhode Island Domestic Violence Restraining Orders Forms and Resources

Forms, Rhode Island Judiciary (scroll through family court or district court forms, depending on your relationship to the other party)

South Carolina

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, someone they have a child in common with, or someone they live or have lived with
Where to file: The county where the person experiencing domestic violence lives (even if temporary, although a person should not file in the location where they have fled if they intend to keep this location private), the county where the respondent lives, the county where both parties last lived together, or the county where the abuse took place
Definition of domestic violence:South Carolina Code Section 20-4-20

South Carolina domestic violence restraining orders, also known as orders of protection, come in two forms. First, a temporary order of protection may be issued if a judge determines the person experiencing domestic violence is in immediate danger of abuse. A hearing will be held within 24 hours for a temporary order, but the respondent will not be present. A temporary order is effective for 15 days, at which point a full hearing will be held. A final order of protection may be issued after a full court hearing where both parties have the opportunity to appear and present evidence. Final orders can last for between six months and a year, but they may be extended.

South Carolina Domestic Violence Restraining Orders Forms and Resources

Petition for Order of Protection, South Carolina Judicial Branch
Self-Help Order of Protection Forms, Law Help SC

South Dakota

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, anyone they are or were in a significant romantic relationship with (if the relationship has ended, it must have ended within the last year), a person they have a child in common with (including an unborn child), a parent or child through blood, adoption, guardianship, or marriage, or a sibling or half-sibling through blood, adoption, or marriage
Where to file: The county where the person experiencing domestic violence lives or the county where the respondent lives
Definition of domestic violence:South Dakota Codified Laws Section 25-10-1

South Dakota domestic violence restraining orders, also known as protection orders due to domestic violence, come in two forms. First, a temporary order can be granted on an emergency basis if a judge believes that the person experiencing domestic violence faces immediate injury, loss, or damage unless the order is granted. The court does not need to notify the respondent. A temporary order will be valid for 30 days unless the judge believes there is good cause to put off the final hearing. A final protection order can be granted after a final hearing in which both parties have the opportunity to appear and present evidence. A final order can last for up to five years.

South Dakota Domestic Violence Restraining Orders Forms and Resources

Tennessee

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a person they live with or used to live with, a person they’re dating or have dated, a person they have had a sexual relationship with, a person they are related to by blood or adoption, or a person they are or have been related to by marriage; a child (including adult children) of a person fitting into any of these categories can also be protected; a person experiencing stalking or sexual assault does not need to have any relationship with the respondent to be protected
Where to file: The county where the respondent lives or where the abuse took place (or where the person experiencing domestic violence lives if the respondent does not live in Tennessee)
Definition of domestic violence:Tennessee Code Section 36-3-601

Tennessee domestic violence restraining orders, also known as protection orders, come in two forms. First, a temporary (ex parte) protection order can be issued for “good cause” (usually an immediate and present danger of abuse). The order can be granted without notice to the respondent. A temporary protection order will last for 15 days or until a full court hearing is held. An extended protection order can be issued after a full court hearing in which both parties have the opportunity to appear and present evidence. An extended protection order can last for up to one year, but it can be extended.

Tennessee Domestic Violence Restraining Orders Forms and Resources

Texas

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a relative by blood or marriage, a person they have a child in common with, a household member, a foster parent, a foster child, a person they are dating or have dated, the current spouse or partner of the person’s ex-spouse or ex-partner, or the ex-spouse or ex-partner of the person’s current spouse or partner
Where to file: The county where the person experiencing domestic violence lives or the county where the domestic violence took place (or the court in which a divorce or parent-child case is pending, if applicable)
Definition of domestic violence:Texas Family Code Section 71.004; Texas Family Code Section 71.0021

Texas domestic violence restraining orders, also known as protective orders, come in three forms. First, a temporary (ex parte) order may be granted without notice to the respondent if a judge determines there is a clear and present danger of violence. A temporary order will state how long it is effective for, usually up to 20 days, and can be extended for an additional 20 days. A permanent (final) protective order may be issued after a hearing in which both parties have the opportunity to appear and present evidence. A permanent protective order generally lasts for up to two years. A magistrate’s order for emergency protection may be issued by a criminal court after a respondent is arrested for domestic violence. A magistrate’s emergency order lasts for 31-61 days, but it can be longer if the crime involved a deadly weapon.

Texas Domestic Violence Restraining Orders Forms and Resources

Utah

Who is eligible for protection: In general, a person experiencing domestic violence or who has a substantial likelihood of experiencing domestic violence by a spouse or former spouse, a person living with them or who has lived with them as if they are a spouse, a person related by blood or marriage, a person they are or were in a consensual sexual relationship with, a person they have a child in common with (including an unborn child), or a person they live with or have lived with (a person experiencing domestic violence by a person they’ve dated but never lived with may be eligible for a dating violence protective order instead)
Where to file: The district court in the county where the person experiencing domestic violence lives, the county where the respondent lives, or the county where the abuse took place
Definition of domestic violence:Utah Code Section 78B-7-102; Utah Code Section 77-36-1

Utah domestic violence restraining orders, also known as cohabitant abuse protective orders, come in two forms. First, a temporary (ex parte) protective order may be granted without notice to the respondent if the judge believes domestic violence or abuse has occurred or there is a substantial likelihood that it will occur. A final hearing may be set, whether or not a temporary order is granted. If a temporary order is granted, a final hearing will be set within 20 days. If a temporary order is not granted, the person experiencing domestic violence may request a hearing within five days of the denial. A final protective order can be issued after a final court hearing in which both parties have the opportunity to appear and present evidence. A final protective order will last for three years, or longer if the judge is convinced there is a reasonable fear of future harm, abuse, or domestic violence, or the respondent has been convicted of a protective order violation or any crime of domestic violence after the order is issued. If either of these scenarios is true after the final protective order is issued but before it expires, the person experiencing domestic violence can file a motion to extend the protective order. On the other hand, a respondent may petition the court to dismiss the final protective order after about one year.

Utah Domestic Violence Restraining Orders Forms and Resources

Protective Orders, Utah Courts (scroll down for forms)

Vermont

Who is eligible for protection: In general, a person experiencing domestic violence by someone they live with or have lived with, someone they share or have shared a home with, someone they are having or used to have a sexual relationship with, someone they are dating or have dated, a spouse or former spouse, or a family member related by blood or marriage
Where to file: The county where the person experiencing domestic violence lives (even if temporary, although a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Vermont Statutes Title 15 Section 1101

Vermont domestic violence restraining orders, also known as relief from abuse orders, come in two forms. First, a temporary relief from abuse order may be granted without notice to the respondent if a judge determines the person experiencing domestic violence has been abused (or their child has been abused), and there is a danger of further abuse. A temporary relief from abuse order will last until a final hearing, usually within 14 days. However, this order is not enforceable until it is served to the respondent. Even if a judge denies the temporary order, a person will have seven days to request a full hearing, which will be held within 14 days. A permanent relief from abuse order may be granted after a full court hearing in which both sides have the opportunity to appear and present evidence. Most permanent orders will last for one year, but they may be extended.

Vermont Domestic Violence Restraining Orders Forms and Resources

Relief From Abuse, Vermont Judiciary (contains forms)

Virginia

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a parent, child, stepparent, stepchild, brother, sister, half-brother, half-sister, grandchild, or grandparent (regardless of whether they live together), a mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law if they live together, anyone they have a child in common with, or anyone they live with or have lived with in the past year (however, this may or may not require an intimate or sexual relationship)
Where to file: The county where the person experiencing domestic violence lives, the county where the respondent lives, or the county where the abuse took place; also, the county where a current protective order was issued, if applicable
Definition of domestic violence:Virginia Code Section 16.1-228

Virginia domestic violence restraining orders, also known as protective orders for family abuse, come in three forms. First, an emergency protective order can be granted outside of court hours if a judge believes the person experiencing domestic violence is in immediate danger. However, the respondent must be served with the emergency order before it is effective. Emergency protective orders can come from a magistrate of the Juvenile and Domestic Relations Court, a general district court, or a circuit court directly, or with the help of a police officer. An emergency order will expire after three days or at the end of the next business day if the third day is one when court is not in session. If the person experiencing domestic violence is hospitalized or otherwise incapacitated, the order may be extended for an additional three days. Second, a preliminary protective order may be issued through the Juvenile and Domestic Relations Court during regular hours. A preliminary order can last for up to 15 days until the court hearing for a final protective order (or until the next business day if the court is closed on the 15th day). If the respondent does not appear at the hearing because they were not served, the court can extend the protective order for at most six months. Finally, a final protective order can be granted after a full court hearing where both parties have the opportunity to appear and present evidence. A final protective order can last for up to two years, but it may be extended. A final protective order is effective when the respondent is served.

Virginia Domestic Violence Restraining Orders Forms and Resources

I-CAN! Virginia, Virginia Courts (free court-approved online forms program)
Assistance With Protective Orders, Virginia's Judicial System

Washington

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a domestic partner or former domestic partner, someone they have a child in common with, anyone related to them by blood or marriage, anyone they live with or have lived with, someone they are dating or have dated, or someone they have a biological or legal parent-child relationship with, including stepparents and stepchildren and grandparents and grandchildren
Where to file: The county where the person experiencing domestic violence lives (even if temporary, although a person should not file in the location where they have fled if they intend to keep this location private)
Definition of domestic violence:Washington Revised Code Section 7.105.010

Washington domestic violence restraining orders, also known as domestic violence orders for protection, come in two forms. First, a temporary (ex parte) order for protection may be issued without notice to the respondent if a judge determines the person experiencing domestic violence is in immediate danger of a severe injury. Temporary orders will last for up to 14 days, but they can last for up to 24 days if the court allows service to the respondent by publication or mail. Within the time period of the temporary order, a final order for protection can be issued after a full court hearing in which both parties have the opportunity to appear and present evidence. The expiration of the final order will be within the judge’s discretion and may be indefinite. It can also be renewed. However, if any part of the order deals with contact with a minor child, that part of the order can only last for up to one year (although this can be renewed).

Washington Domestic Violence Restraining Orders Forms and Resources

West Virginia

Who is eligible for protection: In general, a person experiencing domestic violence by a family or household member, a relative of their spouse, someone they live with, someone they have a child in common with, or someone they are dating or have dated
Where to file: The county where the person experiencing domestic violence lives (even if temporary, although a person should not file in the location where they have fled if they intend to keep this location private), the county where the respondent lives, the county where the abuse took place, or the county where a divorce is pending, if applicable
Definition of domestic violence:West Virginia Code Section 48-27-202

West Virginia domestic violence restraining orders, also known as protective orders, come in two forms. First, an emergency protective order may be granted if a judge believes the person experiencing domestic violence or their child is in immediate danger of abuse. The order may be issued ex parte (without notice to the respondent) at the judge’s discretion. An emergency protective order will last from the time it is granted to when the full court hearing is held, usually within 10 days. A final protective order can be issued after a full court hearing in which both parties have the opportunity to appear and present evidence. A final order will last for 90 days, 180 days, or one year (the order is more likely to last for one year if there is an aggravating factor such as previous protective orders or certain convictions). A final order can be extended before it expires.

West Virginia Domestic Violence Restraining Orders Forms and Resources

Wisconsin

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a parent, an adult child, a person they are related to by blood or adoption, a person they live with or have lived with, a person they have a child in common with, a person they’ve dated or are dating, or a caregiver
Where to file: The county where the person experiencing domestic violence lives (even if temporary, although a person should not file in the location where they have fled if they intend to keep this location private), the county where the respondent lives, or the county where an incident of abuse took place
Definition of domestic violence:Wisconsin Statutes Section 813.12

Wisconsin domestic violence restraining orders, also known as domestic abuse injunctions, come in two forms. First, a temporary (ex parte) restraining order may be granted if a judge believes the person experiencing domestic violence is in serious and immediate danger. If the judge grants the temporary restraining order, a full court hearing on an injunction will be scheduled within 14 days. If the temporary restraining order is not granted, the person experiencing domestic violence can file a motion requesting an injunction hearing. At the injunction hearing, both parties will have the opportunity to appear and present evidence. If granted, an injunction will last for up to two years for child abuse and for up to four years for domestic abuse, harassment, or individuals at risk.

Wisconsin Domestic Violence Restraining Orders Forms and Resources

Circuit Court Civil Forms, Wisconsin Court System (contains domestic abuse restraining order forms)

Wyoming

Who is eligible for protection: In general, a person experiencing domestic violence by a spouse or former spouse, a person they live with or have lived with as if married, a parent, an adult child (age 16 or older or legally married), another adult (age 16 or older or legally married) they live with, a person they have a child in common with, or a person they are dating or have dated
Where to file: The circuit court in the county where the person experiencing domestic violence lives (if there is no circuit court, then the district court)
Definition of domestic violence:Wyoming Statutes Section 35-21-102

Wyoming domestic violence restraining orders, also known as domestic violence orders of protection, come in two forms. First, a temporary (ex parte) order of protection may be issued without notice to the respondent if a judge determines the person experiencing domestic violence is in danger of further abuse. A temporary order will last until the full court hearing, usually within 72 hours. At the full court hearing, both parties will have the opportunity to appear and present evidence for a judge to determine whether to issue a final domestic violence order of protection. If granted, the final order may last for up to three years and can be renewed.

Wyoming Domestic Violence Restraining Orders Forms and Resources

Court Self-Help Forms, Wyoming Judicial Branch (click on Protection Orders)

Last reviewed January 2023

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