FAQs About Protection Orders

FAQs About Protection Orders Your 13 most pressing questions about restraining orders answered

By Amanda Kippert

Oct 02, 2023

This piece was originally published in 2015. It was updated in 2023.

Sometimes it's called a restraining order, a protection order or an order of protection. Each state offers some version as a means of protection against domestic violence. Below, we answer some of the most common questions about protection orders:

•What if I need a protection order immediately?

•What do I need to file a protection order?

•Does a protection order only protect me? What about my children or pets?

•Will I need a lawyer to get an order of protection?

•Can I get a protection order if I'm a minor?

•How do I co-parent with a protection order against the other parent?

•How long does a protection order last?

•How exactly can a protection order keep me safe?

•Are the abuser's guns taken away after I get an order of protection?

•What if my abusive partner violates the protection order?

•If I move after I get a protection order, does it still apply?

•Can I get a protection order if I'm an undocumented immigrant?

•What if I live on a military base?

What if I need a protection order immediately?

In emergency situations, some states will issue an emergency protection order (EPO), a short-term protection order that usually lasts for three to seven days, but can be renewable up to a year or more. An EPO can be filed on the scene of a domestic violence situation that police are called to. But for survivors who don't want to involve the police, this may not be the option for them. In that case, survivors may need to go to their local courthouse and file for a protection order.If the courthouse is closed, a survivor will likely go to the magistrate's office. If you aren't sure where to go, search online for "restraining order" or "PFA" (Protection from Abuse civil order) and your zip code or your county's name.

What do I need to file a protection order?

You'll either need to call the police to respond to a domestic violence incident in order to get an EPO, or you'll need to go to the courthouse. You should bring a timeline with you that documents the abusive actions that have taken place. Be as specific, detailed and organized as possible.

Does a protection order only protect me? What about my children or pets?

A survivor may request the order also include their children, other family members, roommates, a current significant other or pets. Find out your state's laws regarding pets and orders of protection here. Including other individuals means the same no-contact rules apply—even if the person(s) weren't directly harmed.

Will I need a lawyer to get an order of protection?

In most cases, an EPO or temporary order of protection won't require a survivor to go to court, so you won't need a lawyer. But if you plan to get a permanent order of protection, ideally, a lawyer would be helpful.Since each jurisdiction has different rules as to what constitutes abuse, harassment and stalking, it can be helpful to have an attorney with experience in domestic violence representing you and helping to prove your case. If this is not possible (lawyers are expensive and many abusers utilize tactics of financial abuse to leave their partners without money), a survivor can represent themselves.

Can I get a protection order if I'm a minor?

If you're under 18 and are the victim of any kind of abuse, stalking or harassment, you're able to be protected by a restraining order. However, filing for one under 18 may require an adult's help, depending on what your state's laws say. In some states, like California, anyone over the age of 12 can secure an order of protection on their own, but a copy must be sent to one parent or guardian unless a judge deems it not safe to do so. But in most states, a parent or guardian must file a protection order for a minor. You can visit WomensLaw.org to find the laws for your state surrounding protection orders.

How do I co-parent with a protection order against the other parent?

It is possible to co-parent with an ex-partner that a survivor has filed an order of protection against. This protection order is in place to keep that survivor safe, which means the ex-partner/abuser is not allowed to come near them or contact them. But specifications on how to communicate about shared children should be put in place at the time the order of protection is filed. This might include a third-party platform such as Our Family Wizard or TalkingParents in order to discuss custody issues. Whether in the protection order or custody agreement, there should be specifications on how to exchange the children without the abuser coming into contact with the survivor. This may involve a trusted family member or friend facilitating that exchange. If that's not possible, it may be specified that exchanges take place somewhere like inside a police station. There may be other times when the abuser and survivor may need to attend the same event for a child, such as school conference or sporting event. In this case, it's important to specify in the custody agreement how this will be handled. Some parents switch off on events, others only attend the events on the days in which they have custody. Keep in mind that the survivor should not extend an invitation to the abuser to such an event which will violate the order of protection and can be used against the survivor in court.

How long does a protection order last?

An order of protection can last from one to five years, and in extreme cases, a lifetime. In the event a survivor's protection order expires and they still feel in danger, there is an option to renew it.

How exactly can a protection order keep me safe?

Depending on where you live, a protection order can include any of the following:

•Restrict an abuser from contacting, intimidating, threatening or otherwise interfering with a survivor, as well as any other person named by the court, such as family members. The abuser may be required to stay away from the survivor's home, business, school, place of employment or any other location named by the court.

•Restrict an abuser from emailing, texting or messaging the survivor through social media.

•Mandate that a victim retain custody of shared children.

•Protect other individuals in the household, children, extended family and pets.

•Demand an abuser move out of the residence you share (known sometimes as a "kick-out order.")

•Require an abuser to surrender firearms or prevent the purchase of firearms.

Are the abuser's guns taken away after I get an order of protection?

In many cases, the abuser is required to surrender their firearms after an order of protection is issued. It is against the law for anyone with a qualifying protection order against them to have firearms. According to federal law, a qualifying relationship is one where the survivor is:

•A spouse or former spouse of the defendant (in this context, the defendant is the abuser)

•A person who lives or has lived with the defendant in an intimate relationship (not as roommates)

•A child of the defendant and/or survivor (even if parental rights have been terminated)

•A person with whom the survivor or defendant has had a child with

Unfortunately, dating partners are left vulnerable to gun violence as dating isn't considered a "qualifying relationship." This is referred to as the "dating loophole." Some survivors of abusers who are in law enforcement or the military are also at increased risk as protection orders will make an exception for those individuals who need to possess a gun as part of their official job duties.

What if my abusive partner violates the protection order?

While protection orders do deter some abusers, between half and two-thirds are violated, according to the National Institute of Justice and the Centers of Disease Control and Prevention. If an offender violates the protection order, the survivor can report the violation in one of two ways—filing a police report or going to the court and filing a petition for contempt. If the abuser is a repeat offender, or it was a serious violation, felony charges will most likely be filed. Otherwise, the offender will be arrested and charged with a new domestic violence charge (a misdemeanor) or contempt of court. As part of an overall safety plan, a survivor can protect themselves by documenting and reporting all violations of the protection order. Even if the abuser isn't arrested for some reason, documenting the violations can help a survivor build a case to petition a judge to change the terms of the court order. For instance, if a judge orders no contact, but the abuser still has access to a shared residence, a survivor may be able to go back to the court after a violation and ask that the residence be deemed a protected place that the offender would no longer have access to.

If I move after I get a protection order, does it still apply?

Yes. Thanks to the full faith and credit clause any jurisdiction will honor and enforce protection ordersissued by courts in other jurisdictions. Some states ask that a survivor register a protection order in the new state they've moved to, though this can carry the risk of releasing a survivor's location to the abuser. The pros and cons of this should be weighed by the survivor. If a survivor chooses not to register the order of protection in the new state, they should consider getting a certified copy of the court order from the issuing state before leaving.

Can I get a protection order if I'm an undocumented immigrant?

Yes. Everyone in the U.S., regardless of immigration or citizenship status, has the right to obtain a protection order. Immigrants without documentation don't need to be afraid of deportation or prosecution thanks to protections under the Violence Against Women Act (VAWA) and the U visa program. Learn more about your rights in this article, "Safety for Undocumented Victims of Abuse."

What if I live on a military base?

Orders of protection filed on a military base by the military court system are only enforceable on that base. It's advised survivors get a civilian order of protection as well, which is enforceable on the military base.

To learn more about orders of protection, see our complete guide to restraining orders.go:http://domesticshelters.org