Domestic violence
restraining orders.
If you or your children are in immediate danger, call 911 first. Then read this.
Getting protected
Emergency protective orders are available 24/7.
Law enforcement can obtain an EPO from an on-call judge at any hour. It lasts only a handful of days — long enough to get to court and ask for a temporary restraining order yourself.
A temporary order can issue the same day you ask.
A TRO is decided on your written request, often without the other party present, and stays in place until a hearing — typically within about three weeks. That hearing is where a longer order, up to five years, is decided.
A DVRO does more than order someone to stay away.
It can require an abuser to move out of a shared home, set temporary custody and visitation, order support, grant use of a vehicle or pet, and require the surrender of firearms.
What matters at the hearing
Specific incidents beat general fear.
Dates, what was said, what was done, who saw it, what you did afterward. Abuse includes threats, harassment, stalking, and coercive control — not only physical violence — but it has to be described concretely.
Evidence you already have.
Photographs, texts and voicemails, medical records, police report numbers, and witnesses. Preserve messages rather than deleting them, however much you want them gone.
The custody consequences are significant.
A DV finding creates a presumption against awarding custody to the restrained parent, and weighs against them on spousal support. This is why these hearings are contested hard, and why the presentation matters.
If an order is sought against you
Do not ignore it, and do not violate it.
A restraining order against you can cost you your home, your firearms, your custody, and — if you are licensed or hold certain jobs — your livelihood. Violating it is a separate crime, even if the protected person invited the contact.
You have a right to be heard.
The hearing is your opportunity to respond with evidence, not just denials. Requests are sometimes brought for tactical advantage in a custody case; showing that takes preparation, not indignation.
The Domestic Violence Prevention Act, and the cases that define how these hearings are actually run.
Authorities current as of 2025. Case law changes; nothing here is a substitute for advice on your own facts.
Get answers about your situation.
This guide is general information — a consultation is where it becomes advice.
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