Family Law · Sub-Practice

Restraining Orders & Protective Orders

A restraining order can protect you immediately — or unjustly restrict your life. Either way, an attorney matters.

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§ Overview

What you need to know.

Restraining orders and protective orders are court orders restricting one person's contact with another. They can provide essential safety protection — or, when falsely obtained, cause serious harm to the person restrained. Both sides deserve experienced legal representation.

Protective orders are most commonly sought in domestic violence, stalking, harassment, and civil harassment situations. Courts can issue temporary emergency orders (ex parte — without the other party present) based on a written declaration alone. A full hearing must follow, at which both parties can present evidence. Permanent orders typically last one to five years. Violating a restraining order is a criminal offense. The process of obtaining or defending against a restraining order moves quickly — often within days — making immediate legal assistance critical.

⚡ § Key issues & stakes

▸Restraining order consequences: loss of the right to possess firearms, potential impact on professional licenses, restricted access to shared home, restriction on contact with children
▸Violation consequences: criminal misdemeanor or felony charge, immediate arrest, contempt of court, loss of bail
▸False accusation impact: a temporary restraining order obtained on false grounds can cause significant personal, professional, and housing disruption before a hearing can be held
▸Impact on custody: a restraining order in a family law context will significantly affect custody and visitation rights
▸Employment impact: certain employers conduct restraining order checks; a civil restraining order may appear in background searches
▸Immigration consequences: restraining orders and domestic violence findings can affect immigration status and visa eligibility

✅ § Your options & strategies

›Opposing a TRO at the noticed hearing: the restrained party gets a full hearing — presenting counter-evidence and witnesses
›Challenging the basis for the order: showing the alleged conduct did not rise to the legal standard for a restraining order
›Documenting communication history: text messages, emails, and call logs that contradict the petitioner's version of events
›Character and witness evidence: evidence of the respondent's character and the true nature of the parties' relationship
›Negotiated mutual orders: sometimes a negotiated resolution that satisfies both parties avoids a contested hearing
›Appeal of final order: final restraining orders can be appealed if legal error occurred at the hearing

“Temporary restraining orders are issued ex parte — without any hearing, based only on the petitioner's written declaration. Courts issue them when they find a credible basis for immediate danger. The restrained party often has no warning. But the temporary order is not the end — it is the beginning. The full hearing is where evidence is tested and both sides are heard. Never violate a TRO even if you believe it was obtained falsely; instead, comply fully and contest it at the scheduled hearing with counsel.”
— The Counsel editors

§ What to look for in an attorney

01Family law or domestic violence experience specifically with protective order proceedings
02Availability: these matters move on short timelines — you need an attorney who can respond within 24–48 hours
03Experience presenting and cross-examining witnesses in restraining order hearings
04If you are seeking protection: knowledge of the emergency order process and how to document your safety concerns effectively
05If you are responding: ability to prepare quickly and present a compelling counter-narrative with documentary evidence
06Trauma-informed approach when domestic violence is involved

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§ Ask these at your consultation

Questions that matter

❓How quickly can I get a temporary protective order, and what does it require?
⚖️What does the hearing process look like, and when will it be scheduled?
🔍What evidence should I be gathering right now to support my position?
📋If the order is granted, how will it affect my custody and parenting rights?
💬What are the consequences if I violate the order — even accidentally?
💡Can the order be modified or terminated before its expiration date?

§ FAQ

Common questions about restraining orders & protective orders.

How long does a restraining order last?

Temporary/emergency orders typically last until the noticed hearing, usually 20–25 days. If the court grants a restraining order at the hearing, it typically lasts 1–5 years depending on the state and the nature of the case. Domestic violence restraining orders can sometimes be permanent. Orders can be renewed before expiration.

Can a restraining order be modified or terminated early?

Yes. Either party can petition the court to modify or terminate the order before its expiration. The moving party must show a material change in circumstances. Courts take these requests seriously and will consider whether the safety concerns that prompted the original order have been resolved.

Does a civil restraining order go on my criminal record?

A civil restraining order (domestic violence, civil harassment) is not a criminal conviction and does not appear on a criminal record. However, it does appear in court records that can be searched and may affect professional licenses, immigration status, and firearm rights under federal law.

What is the difference between a restraining order and a criminal no-contact order?

A restraining order is typically obtained through a civil court proceeding. A criminal no-contact order is issued by a criminal court as a condition of bail, probation, or parole after someone is charged with or convicted of a crime. Both restrict contact, but they are different legal instruments with different enforcement mechanisms.

§ Counsel