Family Law & Divorce · Haute Lawyer Network
What Is a Domestic Violence Restraining Order?
Last reviewed: June 2026
A domestic violence restraining order — also called a protective order or order of protection — is a court order that restricts an abusive person's contact with a victim.
It can prohibit the abuser from contacting, following, or coming near the victim, require the abuser to leave a shared home, restrict the abuser's contact with children, prohibit the abuser from possessing firearms, and require the abuser to pay support or attorney fees.
The process begins with filing for a temporary restraining order (TRO) — which can be granted ex parte (without notice to the abuser) based on the victim's declaration alone.
A hearing is then scheduled — typically within 20-25 days — where both parties can present evidence. If the court finds sufficient evidence of abuse, a permanent restraining order lasting up to 5 years can be issued.
Frequently Asked Questions
Does a restraining order guarantee my safety?
A restraining order is a legal document — it protects by creating legal consequences for violation but cannot physically prevent contact. Safety planning with a domestic violence advocate is essential alongside the legal order.
What counts as a violation of a restraining order?
Any contact prohibited by the order — texts, phone calls, emails, social media contact, showing up at prohibited locations, or having a third party contact the victim on the abuser's behalf.
Can the victim drop a restraining order?
The victim can ask the court to terminate or modify the order, but the decision belongs to the court — particularly if criminal charges are pending.
What happens when a restraining order is violated?
Violation of a restraining order is a crime — typically a misdemeanor for a first offense, potentially a felony for subsequent violations or violations involving violence. The violator can be arrested and prosecuted.
Does a restraining order affect custody?
Yes. A domestic violence restraining order typically restricts the abuser's contact with children and affects custody and visitation arrangements.
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