Do I need a lawyer to get a protective order?

No. Most courts have self-help forms and victim advocates specifically so people can file without one, though a lawyer helps if the other side contests it or custody is disputed.

How long does a protective order last?

Emergency orders typically last days to a few weeks until a hearing. Final orders issued after a hearing commonly last one to several years depending on the state, and some can be renewed.

What happens if the abuser violates the order?

Report it to police immediately — a violation is usually a crime on its own, separate from whatever conduct led to the original order.

Can I get a protective order without a prior police report?

Yes. Virtually every state lets you petition for a civil protective order without a police report on file.

Will a protective order show up on the other person's record?

The civil order itself isn't a criminal conviction, but it's typically part of the public court record and can appear in background checks. Any related criminal charges are tracked separately.

Does a protective order affect custody or a shared home?

Yes — an order can include temporary custody, support, and exclusive use of a shared residence while it's in effect.

Domestic Violence

Legal information last reviewed: July 3, 2026

If you're in immediate danger, call 911 — a protective order takes time to obtain and doesn't replace an emergency police response. Once you're safe, the legal system offers civil protective orders (sometimes called restraining orders) to keep an abuser away, separate from any criminal charges police or prosecutors may pursue.

Civil protective orders vs. criminal charges

A protective order is a civil court order you request yourself, with no prosecutor required. Criminal charges are brought by the state and run as a separate process, sometimes in parallel with your civil case.

Getting an emergency order

Most states allow a same-day emergency or temporary order, often granted without the other party present, that lasts until a full hearing — commonly held within one to a few weeks — where both sides can be heard before a longer-term order is decided.

What an order can require

A protective order can require staying a set distance away, no contact by any means, moving out of a shared home, temporary custody or support arrangements, and in some cases surrendering firearms.

Violating an order

Violating a protective order is typically a separate crime on its own and can lead to arrest even if the underlying conduct wouldn't otherwise be criminal.

Documenting abuse

Photos of injuries, saved messages, prior police reports, and witness statements all strengthen a request for an order. You generally don't need a lawyer, or even a prior police report, to ask a court for protection.

When to hire a lawyer

You don't need a lawyer to request a basic protective order — courthouse advocates and self-help centers exist for exactly this. Get one involved if custody, a shared home, or significant assets are contested, the other side has a lawyer, or related criminal charges are in play.

Frequently asked questions

Do I need a lawyer to get a protective order?: No. Most courts have self-help forms and victim advocates specifically so people can file without one, though a lawyer helps if the other side contests it or custody is disputed.
How long does a protective order last?: Emergency orders typically last days to a few weeks until a hearing. Final orders issued after a hearing commonly last one to several years depending on the state, and some can be renewed.
What happens if the abuser violates the order?: Report it to police immediately — a violation is usually a crime on its own, separate from whatever conduct led to the original order.
Can I get a protective order without a prior police report?: Yes. Virtually every state lets you petition for a civil protective order without a police report on file.
Will a protective order show up on the other person's record?: The civil order itself isn't a criminal conviction, but it's typically part of the public court record and can appear in background checks. Any related criminal charges are tracked separately.
Does a protective order affect custody or a shared home?: Yes — an order can include temporary custody, support, and exclusive use of a shared residence while it's in effect.

Domestic Violence laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

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