If you are facing harassment, threats or violence from someone, you may feel scared and unsure where to turn. Filing a restraining order gives you legal protection by requiring the other person to stay away or stop contact.
In this article, you will learn precisely where you can file a restraining order in the U.S., how to choose the right court, what steps to follow, and how to prepare for the process in your state.
What a Restraining Order Is
A restraining order, sometimes called an order of protection, is a legal document issued by a court that orders someone to stop or avoid certain behaviors toward you.
It may restrict contact, prohibit visiting certain places, require staying away from your home or work, or turn in firearms. It is designed to protect you from further harm.
There are several types of protective orders:
- Emergency orders issued by police or court on short notice.
- Temporary orders lasting until a hearing.
- Permanent orders that remain in effect for months or years.
Why Choosing the Right Venue Matters
Where you file matters because courts have specific jurisdiction based on location, type of relationship, and nature of the harm. The venue affects how quickly you can act, your chance of being heard, and how enforceable the order will be. Filing in the wrong place may delay protection.
Where You Can File a Restraining Order
Most states allow you to file a restraining order in one of the following venues:
Family court or domestic relations court
If the person you need protection from is a spouse, former spouse, parent of your child, co-habitant, or has or had an intimate relationship with you, you can usually go to your local family court. The court handles domestic violence and related matters.
Civil court or general trial court
If the behavior involves stalking, harassment or violence by someone you do not share a close relationship with (such as a neighbour or coworker), you can file in civil harassment court or general trial court.
Criminal court or prosecution context
If the person has been charged with a crime and you are a victim in that case, the criminal court may issue a protective order or no-contact order as part of bail or sentencing. You may still need to file separately for a civil order.
Small claims, municipal or justice courts
In some jurisdictions you can file certain temporary protective orders at smaller local courts. These are often short-term and trigger a hearing in the main court soon after.
State examples of where to file
- In California you may file at the Family Law Clerk’s Office for domestic violence orders, or at the Civil Division for civil harassment orders in the county where the abuse or harassment occurred.
- In New York you may file at Family Court, Criminal Court or Supreme Court depending on the nature of the harm and your relationship to the respondent.
- In Mississippi and certain other states you may file a petition in municipal, county or chancery court for your protective order.
- In Colorado you may file in the county where you or the respondent live, or where the acts occurred.
How to Select the Correct Court Venue
To make sure you pick the right court, follow these steps:
- Identify your relationship with the respondent (intimate partner, coworker, neighbour).
- Determine the type of harm (domestic violence, stalking, workplace harassment, elder abuse).
- Find county or city where you live, where the respondent lives or where the incident happened. Venue is often valid in any of those places.
- Check whether your state has specific statutes defining which courts handle which protective orders.
- Visit the local court or its self-help office to ask which forms you need and where they are filed.
Step-by-Step Filing Process (General Overview)
Though processes vary by state, the typical steps are:
Step 1: Prepare Your Petition
You fill out forms describing the violence, harassment or threats. You provide your information, the respondent’s information and facts that justify the order. Be specific about times, places and acts.
Step 2: File With the Court
Go to the correct court clerk’s office in person or sometimes online. Provide the petition and any required supporting documents. Some courts allow emergency filings after hours at a justice or municipal court.
Step 3: Temporary Order Hearing
If you show immediate danger, a judge may issue a temporary or emergency order the same day. The order gives you immediate protection until the full hearing occurs.
Step 4: Serve the Respondent
You must legally notify the person the order is against, often via sheriff, process server or other adult not involved in your case. Proof of service is filed with the court.
Step 5: Attend the Hearing
At the hearing, you present your case, evidence, and witnesses. The respondent has a right to present a defense. The judge will decide whether to grant a long-term order.
Step 6: Receive and Enforce the Order
If granted, get certified copies of the order and provide them to your employer, school, or landlord if needed. Give a copy to local law enforcement for enforcement. The respondent must comply or face arrest.
Common Locations to File by Jurisdiction Type
- County courthouse clerk’s office: most common for civil or family protective orders.
- Municipal or city court: may handle emergency orders or shorter-term orders in some states.
- Online or e-filing: some states allow you to start your petition online.
- Law enforcement agencies: police may help you get an emergency protective order outside regular court hours.
- Domestic violence or victim-advocate agencies: they often guide you to correct court and forms.
Tips to Make the Process Easier for You
- Choose a court in the county where you live, the respondent lives or the incident occurred.
• Ask for the exact name of your form: e.g., “petition for domestic violence order” or “civil harassment restraining order”.
• Write your facts clearly, calmly, and precisely. Avoid general statements without dates or places.
• Bring supporting information such as police reports, text messages, pictures or witness names.
• If your address or safety is a concern, ask if you can use an alternate address.
• Ask for help from a victim advocate or self-help center at the courthouse. They are free.
• After filing, carry a copy of your order at all times. If the respondent violates it, call 911.
• Check for online or after-hours options for emergency orders if you cannot wait until the courthouse opens.
• Keep yourself informed about the court date, deadlines, and your rights.
How Long Does It Take to File and Get an Order?
The filing itself usually takes a day. In many states, if you ask for emergency protection, a judge can issue a temporary order the same day or next day. The return hearing for a longer order can occur within days or weeks. Some orders may last one to five years or more, and many allow renewal.
Costs and Fees
In most states you will find that victims of domestic violence or stalking are exempt from filing fees. Some courts may charge a fee for civil filings if the case does not involve domestic abuse. Ask the clerk if a fee waiver applies.
What If You Move or the Respondent Moves?
If you move, you still hold the order; you can register it in your new jurisdiction. If the respondent moves, the order remains valid nationally if properly served and registered under federal law. You may need assistance from law enforcement in the new jurisdiction.
Important Legal Considerations
- Venue rules: Most states allow you to file in the county where either party lives or the incident happened.
- Relationship requirement: Domestic violence orders require a specific relationship; civil harassment orders are for others.
- Serving the respondent: The order is not valid until they are served.
- State laws differ: While the general process is similar, specifics such as forms, fees, and hearing times vary.
- Multiple orders: You may have a criminal protective order and a separate civil restraining order. The criminal order often takes priority.
- Rights: You are entitled to safety regardless of immigration status. You also retain rights even before filing.
What Happens After the Order Is Granted?
Once the court grants the order:
- Provide copies to the respondent if required or let sheriff serve them.
- Keep a certified copy yourself and give copies to work, school or landlord as relevant.
- Notify law enforcement as soon as any violation occurs.
- Attend any hearing for renewal or modification.
- Understand that violations can lead to arrest and criminal charges.
- Update your safety plan and keep proof of the order on you (digital or paper).
What to Do if You Are Unsure Where to File
If you are not sure which court handles your case, take these steps:
- Contact your county court clerk and explain your situation.
- Visit or call your local domestic violence agency.
- Use the court’s self-help resources or website.
- File in the county where you live or where the incident took place; the court can transfer it if needed.
- Check if your state offers e-filing for restraining orders.
Conclusion
Filing a restraining order may feel overwhelming, but you do not have to navigate it alone. You can file at the appropriate court in your county, with forms tailored to your situation and the facts of harassment or violence you face.
With clear preparation, the right venue, and proper service of the respondent, the court can issue a protective order that keeps you safe. Stay informed, stay resolute and use the legal tools available to safeguard your peace and security.