How much does a restraining order cost?
How much does a restraining order cost?
$0 cost to file a restraining order
$150 – $400 average cost per hour for an attorney
Cost to get a restraining order
There is no cost to get a restraining order unless you hire an attorney to assist you with the process. Filing for a restraining order is free in all U.S. states and territories. Attorneys charge $150 to $400 per hour on average to handle the paperwork and represent you in the court hearing.
| Factor | Average cost |
|---|---|
| Filing fee | $0 |
| Attorney | $150 – $400 per hour |
What is a restraining order?
A restraining order is a legal document issued by the court to protect an individual's safety, usually for reasons related to domestic violence, abuse, stalking, or harassment. The specific terms of a restraining order depend on the case, but they often include:
Requiring your abuser to remain a certain distance from you, your residence, and your place of employment
Preventing your abuser from contacting you
Requiring your abuser to undergo counseling
Requiring your abuser to surrender any firearms they own
A restraining order is also known as:
Protective order
Protection order
Order of Protection
Stay away order
Protection From Abuse (PFA) order
Violating a restraining order can have serious consequences. In most states, violating a protective order is considered a crime and can lead to being charged with contempt of court, arrest, fines, or jail time.
How to get a restraining order
The process for getting a restraining order varies by state and county but usually includes these steps:
The victim—also called the plaintiff or petitioner—fills out forms online or at the local courthouse. These forms ask the victim to explain the reason for seeking a restraining order and provide evidence to support their petition.
A judge reviews the petition. If the judge determines a protective order is warranted, they'll schedule a date for the court hearing. The judge may also issue a temporary restraining order to provide protection for the victim in the meantime.
Local law enforcement serves the defendant a copy of the petition and temporary restraining order.
At the court hearing, the victim and the defendant have the opportunity to go in front of a judge to share their account of the events. Both the victim and defendant are allowed to have an attorney represent them.
What proof do you need for a restraining order?
The forms to file for a restraining order will ask you to provide evidence to support the petition and demonstrate instances of previous harm and the threat of future harm. This evidence may take the form of:
Your personal testimony, including a description of the threats or incidents and the dates or approximate dates they occurred
The testimony of witnesses who saw the defendant harm you
A police report documenting the physical harm and/or a history of repeat violence
Photos or videos of injuries caused by the defendant
Medical records documenting the treatment for injuries caused by the defendant
Threatening voicemail messages, text messages, emails, or social media posts from the defendant
Fill out the forms carefully, include specific dates and details, and use descriptive language applicable to your situation, such as hitting, choking, slapping, grabbing, stalking, and/or threatening. Include information about how the abuse or threats affected you, the impact the fear has had on your life, and the precautions you've taken to keep yourself safe, such as changing the locks or avoiding certain places.
Completing the forms correctly and providing comprehensive evidence will strengthen your case and increase the likelihood of the judge granting the order. Consider hiring an attorney to help you fill out the forms and represent you at the court hearing. An attorney costs $150 to $400 per hour, depending on their experience level and your location.
If you decide not to hire an attorney, ask an advocate from a domestic violence or civil harassment organization to help you fill out the forms and attend the court hearing with you.
FAQs about restraining orders
How long does a restraining order last?
A permanent restraining order lasts 1 to 5 years, depending on the state and the circumstances of the case. Temporary restraining orders last 10 to 20 days. In some cases, a judge may renew or extend a protective order after it expires.
How long does it take to get a restraining order?
In most states, it takes only a few hours or days to get a restraining order. Some states hold a hearing with a judge and issue a temporary restraining order within hours of filing and then schedule a court hearing for a permanent restraining order at a later date.
The restraining order does not go into effect until a court or law enforcement representative serves the other person's notice.
Are restraining orders public record?
Yes, temporary and permanent restraining orders appear on public records and will typically show up on a background check. Temporary restraining orders that don't become permanent are usually only visible to court and law enforcement personnel.
Expunging a permanent restraining order from public record is a complex process that requires legal proceedings.
Can you look up restraining orders online?
Most states provide free online access that allows members of the public to look up restraining orders. Some states charge a fee if you request a copy of someone's public record.
What is a temporary restraining order?
A temporary restraining order (TRO) is a short-term injunction issued prior to the court hearing for a permanent restraining order. A judge may order a TRO if they are convinced the victim will suffer immediate irreparable injury, loss, or damage without one.
Can you file a restraining order online?
Some states allow you to file for a restraining order online. However, you will still need to attend a court hearing where a judge will either issue the restraining order or deny the petition.
Questions to ask an attorney
If you believe your safety is threatened, consider hiring an attorney to help you file for a restraining order. Ask these questions to help you choose the best attorney to represent you:
How long have you been practicing law in this state?
Do you specialize in family law or domestic violence law?
How many restraining orders have you filed for clients in the past year?
Will you help me fill out the forms and compile the evidence for the petition?
Can you represent me at the court hearing?
What is your fee?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.