Lawbrarian

Domestic Violence Protective Orders: A State-by-State Overview

By Lawbrarian Editorial Team
Published
Summary
Protective orders are a critical legal tool for domestic violence victims. Understand the types available and how to obtain one in your state.

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Types of Protective Orders

Emergency protective order (EPO): Issued by law enforcement or a judge after hours, typically lasting 5-7 days. No hearing required.

Temporary restraining order (TRO): Issued by a judge based on your petition alone (ex parte). Usually lasts 10-25 days until a full hearing can be held.

Permanent protective order: Issued after a full hearing where both parties can present evidence. Despite the name, these typically last 1-5 years and can be renewed.

What Protective Orders Can Do

Depending on your state, a protective order can prohibit the abuser from contacting or approaching you, require the abuser to move out of a shared residence, grant you temporary custody of children, require the abuser to surrender firearms, order the abuser to attend counseling, and grant temporary use of shared vehicles or property.

How to File

Most courts have simplified forms for domestic violence cases. Filing is free in all states (the Violence Against Women Act prohibits filing fees for protective orders). You do not need an attorney, though legal aid organizations can help.

Enforcement

Violating a protective order is a criminal offense in every state. Under the Violence Against Women Act, protective orders issued in one state must be enforced by all other states (full faith and credit). If someone violates your order, call 911 immediately.

If You're in Danger

The National Domestic Violence Hotline (1-800-799-7233) provides 24/7 confidential support and can help you develop a safety plan and find local resources.