US Rights Guide
How to Get a Domestic Violence Restraining Order in the US
You can get a free emergency restraining order from your local courthouse or police in all 50 states. Same-day temporary orders are available without the abuser being present.
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Direct Answer
Every US state allows victims of domestic violence to obtain a civil protective order (also called a restraining order, TRO, or injunction). Emergency Protective Orders (EPOs) can be issued by police on the scene. Temporary Restraining Orders (TROs) can be issued by a court the same day you apply — without the abuser being present — if the judge finds immediate danger. All applications are free and courts have advocates to help you.
What the Law Says
Your Legal Foundation
Violence Against Women Act 1994 (VAWA)
18 U.S.C. § 2265
“A protection order issued by a court in one state shall be given full faith and credit in every other state and enforced as if it were an order of that state.”
State Domestic Violence Statutes (all 50 states)
Universal principle
“Every US state provides for civil protective orders covering physical violence, threats, harassment, stalking, and abuse between intimate partners and household members.”
18 U.S.C. § 922(g)(8)
“It is a federal crime for a person subject to a domestic violence protective order to possess a firearm or ammunition.”
Common Questions
Frequently Asked Questions
What is the difference between a TRO, EPO, and final protective order?
EPO: Emergency Protective Order — issued by police at the scene, lasts 3–7 days. TRO: Temporary Restraining Order — issued by a judge the same day you apply, lasts until the hearing (2–3 weeks). Final Order: issued after a hearing, lasts 1–5 years and is renewable.
I am undocumented — can I get a restraining order?
Yes. Courts issue protective orders regardless of immigration status. VAWA also has specific provisions allowing undocumented victims of domestic violence to self-petition for immigration status independent of their abuser. Contact the National DV Hotline for immigration-specific help.
My abuser has guns — what happens to them with a protective order?
Under federal law, a person subject to a domestic violence protective order is prohibited from possessing firearms or ammunition. The order typically requires the abuser to surrender firearms to law enforcement. Violation of this is a federal crime.
Can I get a protective order for psychological or financial abuse with no physical violence?
Yes, in most states. State domestic violence laws increasingly include emotional abuse, stalking, coercive control, and economic abuse as grounds for a protective order, even without physical violence.
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