How do I get a restraining order or protective order, and how long does it last?

If you are in danger right now

Restraining order, protective order or injunction: the names by state

The orders work in similar ways, but each state has its own names and types, and asking for the right one matters. In California, if you file the wrong type, the judge can't decide your case and you have to start the process over.

• California. A domestic violence restraining order (DVRO) protects you from someone you dated or had an intimate relationship with, or a close relative. A civil harassment restraining order covers someone you are not closely related to, such as a neighbor or a co-worker. The police can ask for an emergency protective order (EPO), and a judge can issue a criminal protective order in a criminal case.California Courts
• Texas. The family violence order is a protective order. A judge can first issue a temporary ex parte protective order, and after an arrest a magistrate can issue a magistrate's order for emergency protection.Texas State Law Library · Tex. Code Crim. Proc. art. 17.292
• Florida. A court can grant an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence or stalking. Each of the five has its own rules about who can ask.Florida Courts · Fla. Stat. §§ 741.30, 784.046, 784.0485
• New York. An order of protection can come from family court, in a civil family offense case, or from a criminal court, in a criminal case against the offender. For family offenses, both courts can act.N.Y. Fam. Ct. Act § 812 · N.Y. Crim. Proc. Law § 530.12

Who can ask for a restraining order

Which order you can ask for depends on your relationship with the other person and on what happened:

• California: a domestic violence restraining order is against someone you dated or had an intimate relationship with, including a spouse or domestic partner, or a relative who is your child, parent, sibling or grandparent, in-laws included. For a neighbor, a landlord, a co-worker or a more distant relative, it is a civil harassment restraining order.
• Texas: you can apply for yourself or a child when a spouse, dating partner or household member has hurt you or threatened to. You can also apply if you were a victim of family or dating violence, a sexual offense, stalking, trafficking or burglary. Any adult may apply to protect a child from family violence.
• Florida: for domestic violence, you and the other person must be family or household members who live or lived together, unless you have a child in common. Dating violence requires a dating relationship within the past 6 months. Repeat violence requires at least two incidents of violence or stalking, and a stalking injunction at least two incidents of stalking or cyberstalking.
• New York: family court hears family offense cases between members of the same family or household. That includes people related by blood or marriage, people who are or were married to each other, people with a child in common, and people who are or have been in an intimate relationship.

What a restraining order can do

The judge chooses the orders that fit the case. A California domestic violence restraining order can include orders to:

• Have no contact with the people it protects.
• Not harass, stalk, threaten or harm them.
• Stay away by a certain distance.
• Move out of a home shared with the protected person.
• Not have guns, firearms, ammunition or body armor.
• Pay spousal support, if you are married, or child support, if you have children together.

The judge can also make child custody orders if you have children together. In Texas, some orders can apply to either party, such as who may use the home or a car. If a protective order conflicts with an order from a divorce or custody case, the protective order prevails.

How to get a restraining order, step by step

1. 1Pick the right type of order. It depends on who the other person is to you and on what happened. If you're not sure, the court's self-help center can explain the differences.
2. 2Fill out the forms. In California the request is form DV-100, filed with the notice of court hearing (form DV-109) and the temporary restraining order (form DV-110). Texas has standardized protective order forms, and Florida's domestic violence forms are its 12.980 series; in Florida the petition must be sworn, signed in front of a notary or a court clerk.
3. 3Describe what happened, with facts. California's courts say to write about the most recent abuse first, even if it is not the worst, then about any other incidents. Give the facts: what the person did, how many times and what they said. If you don't remember an exact date, give an estimate and say that it is one. If you have proof, such as an email or a text message, you can include it.
4. 4File the papers. There is no filing fee for a domestic violence order in California, Texas or Florida. In Texas you can file in the county where you live, where the other person lives, or where the violence happened.
5. 5A judge decides on temporary protection. In most California counties you will not talk to a judge right away: the judge reads your papers and decides the same day or by the next business day.
6. 6Have the other person served. The other person must get a copy of the papers. In California a sheriff or marshal can serve them for free, and you can't serve them yourself. Once the person is served, the police can arrest them for violating the temporary order. In Florida, the sheriff usually serves the temporary injunction.
7. 7Go to the hearing. Both sides can tell the judge their side, with evidence and witnesses. In California the temporary order lasts only until the court date, so you must go if you want a long-term order.
8. 8Keep a copy of the order with you. If the judge grants the order (in California, form DV-130), keep a copy with you at all times; a photo of every page on your phone helps too. You can give copies to people who need to know, such as your child's school or your employer.

Temporary and emergency orders, and when the hearing happens

A temporary restraining order protects you right away, before the hearing, based on your papers. The other side gets notice of the case and a chance to be heard at the hearing. How long it lasts, and when the hearing must happen:

• California. The temporary order lasts until the court date. The hearing is held within 21 days, or 25 days if the court finds good cause. The person the order is against is entitled to one postponement to respond, and the temporary order usually stays in effect until the new date.Cal. Fam. Code §§ 242, 245
• Texas. A temporary ex parte order lasts up to 20 days and can be extended for more 20-day periods. The court sets the hearing no later than 14 days after the application is filed, unless the applicant asks for a later date.Tex. Fam. Code §§ 83.002, 84.001
• Florida. A temporary injunction lasts at most 15 days, and the full hearing is set no later than the day it ends. The court can postpone the hearing for good cause, including to get the papers served, and the injunction is extended if needed meanwhile.Fla. Stat. § 741.30(5)(c)
• New York. When a petition is filed in family court, the court can issue a temporary order of protection for good cause. A criminal court can issue one without the other side present when charges are filed.N.Y. Fam. Ct. Act § 828 · N.Y. Crim. Proc. Law § 530.12

Emergency orders come from the police or a magistrate, not from your own filing:

• California: usually when a victim calls the police or 911, an officer can ask a judge, available 24/7, for an emergency protective order. It lasts a short time, usually 5 to 7 days; for longer protection, you can apply for a restraining order.
• Texas: after an arrest for family violence and some other crimes, a magistrate can issue a magistrate's order for emergency protection. The magistrate can act on their own or at the request of the victim, the victim's guardian, a peace officer or the prosecutor. It lasts from 61 to 91 days, or from 91 to 121 days in some cases.

What happens at the restraining order hearing

At the hearing, a judge decides whether to grant a longer-term order. California's courts describe what to expect:

• The judge asks both sides to say their names, and you may be asked to swear to tell the truth.
• Usually the person who asked for the order speaks first, but both sides get a chance to speak.
• You can bring evidence, such as photos, text messages and emails, with 3 copies of each document: one for you, one for the other side and one for the court.
• You can bring witnesses, and you can read from your notes.
• Don't talk over anyone. If it is not your turn, let the person finish, then ask the judge for permission to speak.
• If you asked for the order, a support person can sit next to you, but can't speak for you.
• The judge usually decides that day, and sometimes asks you to come back another day.

• Texas. At the close of the hearing, the court must find whether family violence has occurred. If it has, the court renders a protective order.Tex. Fam. Code § 85.001
• Florida. Each side may bring witnesses. The court must allow an advocate to be present with the petitioner or the respondent, if they ask and the advocate can be there. The advocate can come from a state attorney's office, a law enforcement agency or a certified domestic violence center.Florida Courts · Fla. Stat. § 741.30(7)

How long does a restraining order last?

A temporary order lasts only until the hearing. A final order lasts for the time the judge sets, within each state's limits:

• California: up to 5 years. A domestic violence or civil harassment restraining order after a hearing can last up to 5 years. A domestic violence order can be renewed for 5 or more years, or permanently, without showing further abuse; you can ask in the 3 months before it ends.Cal. Fam. Code § 6345 · California Courts
• Texas: generally up to 2 years. A protective order lasts for the period it states, up to 2 years. It can last longer if the court finds a felony involving family violence, serious bodily injury, or 2 or more earlier protective orders. You can apply to renew no more than 30 days before it expires.Tex. Fam. Code § 85.025 · Texas State Law Library
• Florida: until a judge changes it. Unless an injunction is for a certain time, it stays in effect until the court changes or ends it. Either party can ask the court at any time to change or end it.Florida Courts · Fla. Stat. § 741.30(6)(c)
• New York: up to 2 or 5 years. A family court order of protection lasts up to 2 years, or up to 5 years if the court finds aggravating circumstances or that the conduct violated a valid order of protection. The court can extend it for good cause or with both parties' consent.N.Y. Fam. Ct. Act § 842

Orders made in a criminal case follow their own rules. In California, some criminal protective orders end when the criminal case ends, and one made at sentencing may be valid for up to 10 years.

Restraining orders in California, Texas, Florida and New York

Other states use their own names, forms and time limits. Start with your state court's self-help website, or ask the clerk of the court where you plan to file.

What happens if someone violates a restraining order?

Call 911. The police enforce restraining orders, and violating one is a crime. California's courts tell protected people to call 9-1-1 to have the police enforce the order, and Texas's law library says you can call 911 when someone violates a protective order.

• California. An intentional and knowing violation is a misdemeanor, with a fine of up to $1,000, up to one year in county jail, or both, and more if it causes physical injury.Cal. Penal Code § 273.6
• Texas. Violating a protective order is generally a Class A misdemeanor and can be a felony, for example after repeated violations. A court can also punish it as contempt, with a fine of up to $500, up to six months in jail, or both.Tex. Penal Code § 25.07 · Tex. Fam. Code § 85.026
• Florida. Willfully violating a domestic violence injunction, for example by going to or being within 500 feet of the petitioner's home, school or workplace, is a first-degree misdemeanor.Fla. Stat. § 741.31(4)(a)
• New York. Intentionally disobeying a court's mandate is criminal contempt, a class A misdemeanor, and violating a duly served order of protection can be criminal contempt in the first degree, a felony.N.Y. Penal Law §§ 215.50, 215.51
• In another state. A valid protection order from one state must be given full faith and credit, and enforced by the courts and police of another state, tribe or territory as if it were their own.18 U.S.C. § 2265

If you were served with a restraining order

If someone asked for an order against you, read the papers carefully. In California they include the notice of the court hearing (form DV-109), the request (form DV-100) and, if the judge granted one, the temporary restraining order (form DV-110).

1. 1Obey the temporary order from now on. Follow every order in it, even if you disagree, until a judge changes it. In California, violating it can lead to arrest and criminal charges, and in Texas a temporary ex parte order is enforceable in the same way as a final one.
2. 2Only the court can change it. In Texas, even the person the order protects cannot give you permission to ignore it. If you want the order changed, ask the court.
3. 3Follow any order about guns. In California, if there is a temporary restraining order against you, you must turn in, sell or store any firearms and ammunition you have, and file a form saying what you did.
4. 4Respond in writing, if you want to. In California you can file a response (form DV-120); it is optional, and there is no fee to file it. In Texas you may file an answer at any time before the hearing, but you don't have to.
5. 5Go to the hearing if you disagree. If you don't go, the judge can grant the order without hearing your side; in California it can last up to 5 years. You may be able to attend by phone or video: check the court's website.
6. 6Ask for more time if you need it. In California, you are entitled to one postponement to respond, and the temporary order usually stays in effect until the new date. In Texas, if you were served within 48 hours before the hearing, the court must reschedule it if you ask, to a date no more than 14 days later.

If you need protection from the other person yourself, you have to ask for it. In Texas, a respondent must file a separate application for a protective order.

Free help, and do I need a lawyer?

You can ask for a domestic violence order without a lawyer in California, Texas and Florida, and the courts publish forms and instructions. All courts in California have a self-help center with free legal help for people without a lawyer. In Texas, many counties, often through the district attorney's office, help people apply for protective orders. In Florida, the Florida Domestic Violence Hotline, 1-800-500-1119 (call or text), can connect survivors with free legal help in many counties.

Talk to a lawyer or a legal aid office if the other person has a lawyer, there is a criminal case, or the case involves your children or your home. California's courts note that a restraining order against you may have a lot of consequences.

Common questions

Official sources

1. U.S. Department of Justice, Office on Violence Against Women: Domestic violence (how to get help) justice.gov
2. U.S. Department of Justice, Office on Violence Against Women: Local resources and national hotlines justice.gov
3. California Courts Self-Help Guide: Domestic violence restraining orders courts.ca.gov
4. California Courts Self-Help Guide: The restraining order process for domestic violence cases courts.ca.gov
5. California Courts Self-Help Guide: Fill out domestic violence restraining order forms (DV-100, DV-109, DV-110) courts.ca.gov
6. California Courts Self-Help Guide: File your request for a domestic violence restraining order courts.ca.gov
7. California Courts Self-Help Guide: Sheriff serves your request for a restraining order courts.ca.gov
8. California Courts Self-Help Guide: Prepare for your restraining order court date courts.ca.gov
9. California Courts Self-Help Guide: What to expect in the courtroom courts.ca.gov
10. California Courts Self-Help Guide: After a judge grants you a restraining order (DV-130) courts.ca.gov
11. California Courts Self-Help Guide: Enforce your restraining order courts.ca.gov
12. California Courts Self-Help Guide: Restraining order papers you received (DV-109, DV-100, DV-110) courts.ca.gov
13. California Courts Self-Help Guide: Respond to a domestic violence restraining order (DV-120) courts.ca.gov
14. California Courts Self-Help Guide: Types of restraining orders courts.ca.gov
15. California Courts Self-Help Guide: Civil harassment restraining orders courts.ca.gov
16. California Courts Self-Help Guide: Protective orders (emergency and criminal protective orders) courts.ca.gov
17. California Courts Self-Help Guide: Court-based self-help services courts.ca.gov
18. California Family Code § 242: time for the hearing on a temporary restraining order leginfo.legislature.ca.gov
19. California Family Code § 245: continuance of the hearing leginfo.legislature.ca.gov
20. California Family Code § 6222: no filing fee for protective orders leginfo.legislature.ca.gov
21. California Family Code § 6256: when an emergency protective order expires leginfo.legislature.ca.gov
22. California Family Code § 6345: duration and renewal of orders after a hearing leginfo.legislature.ca.gov
23. California Penal Code § 273.6: violation of a protective order leginfo.legislature.ca.gov
24. Texas State Law Library: Protective orders, general information sll.texas.gov
25. Texas State Law Library: Getting a protective order (eligibility, filing, cost, how long it lasts) sll.texas.gov
26. Texas State Law Library: Types of protective orders, and restraining orders sll.texas.gov
27. Texas State Law Library: Enforcing a protective order sll.texas.gov
28. Texas State Law Library: Modifying and terminating a protective order sll.texas.gov
29. Texas State Law Library: Protective order forms sll.texas.gov
30. Texas State Law Library: Get help with a protective order sll.texas.gov
31. Texas Family Code, Chapter 81: general provisions (§ 81.002, no fee for the applicant) legis.texas.gov
32. Texas Family Code, Chapter 82: applying for a protective order (§§ 82.002, 82.021, 82.022) legis.texas.gov
33. Texas Family Code, Chapter 83: temporary ex parte orders (§§ 83.002, 83.0025) legis.texas.gov
34. Texas Family Code, Chapter 84: the hearing (§§ 84.001, 84.004) legis.texas.gov
35. Texas Family Code, Chapter 85: findings, duration and warnings (§§ 85.001, 85.025, 85.026) legis.texas.gov
36. Texas Penal Code § 25.07: violation of certain court orders legis.texas.gov
37. Texas Code of Criminal Procedure art. 17.292: magistrate's order for emergency protection legis.texas.gov
38. Florida Courts, Office of Family Courts: Overview of available protective injunctions flcourts.gov
39. Florida Courts: Family law forms (12.980 series, injunctions for protection) flcourts.gov
40. Florida Statutes § 741.28 (2026): domestic violence definitions flsenate.gov
41. Florida Statutes § 741.30 (2026): injunction for protection against domestic violence flsenate.gov
42. Florida Statutes § 741.31 (2026): violation of an injunction flsenate.gov
43. Florida Statutes § 784.046 (2026): injunctions for repeat, sexual or dating violence flsenate.gov
44. Florida Statutes § 784.0485 (2026): injunction for protection against stalking flsenate.gov
45. New York Family Court Act § 812: family offense proceedings, family and criminal courts nysenate.gov
46. New York Family Court Act § 828: temporary order of protection nysenate.gov
47. New York Family Court Act § 842: order of protection and its duration nysenate.gov
48. New York Criminal Procedure Law § 530.12: protection for victims of family offenses nysenate.gov
49. New York Penal Law § 215.50: criminal contempt in the second degree nysenate.gov
50. New York Penal Law § 215.51: criminal contempt in the first degree nysenate.gov
51. 18 U.S.C. § 2265: full faith and credit given to protection orders (United States Code, 2024 edition) govinfo.gov

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