Protection Against Stalking: Protective Orders Explained

The Main Types of Orders

Different states use different names, but most fall into a few categories.

• Civil protective orders, restraining orders, and injunctions. You ask a civil court for an order against a person. These can be for domestic violence, stalking, harassment, or sexual assault.
• Emergency or ex parte orders. A judge may issue a short-term order quickly, sometimes without the other person present, to protect you until a hearing.
• Final or permanent orders. After a hearing, a judge may issue an order that lasts for a set period, which varies by state.
• Criminal no-contact orders. In a criminal case, a judge may order the defendant to stay away from you as a condition of release or sentence.
• Peace orders and harassment orders. Some states use these names for orders against people who aren't family members.

Our state guides explain the names and rules in each state, and our directory by state groups them.

Who Can Get an Order

Eligibility varies widely.

• Some states have orders for stalking by anyone, regardless of your relationship to the person.
• Some tie orders to a domestic relationship, such as a spouse, partner, or household member.
• Some require a police report or a pending criminal case, and others do not.
• Minors may be able to file with a parent or guardian.

See report stalking in your state to find which pattern your state follows.

What an Order Can Include

Depending on the state and the facts, an order may require the person to:

• Stop contacting you by phone, text, email, social media, or through others.
• Stay a certain distance from you, your home, workplace, school, and vehicle.
• Stay away from places you frequent.
• Avoid contacting your family or friends.
• Surrender or avoid firearms, in some cases.
• Take other steps the judge finds appropriate.

Ask for language that covers "direct or indirect" contact, including through third parties and electronic communication. See stalking by proxy.

How to Get an Order: The General Process

1. Prepare. Gather your timeline, evidence, and identifying details. Use the TRO Builder to organize your facts.
2. Get the forms. Court clerks and self-help centers provide forms, often online.
3. File with the correct court in your state or county.
4. Ask for an emergency order if you are in immediate danger.
5. Have the person served. Law enforcement or a process server delivers the papers.
6. Attend the hearing. Bring your evidence and any witnesses. See how to prove stalking.
7. Get copies of any order issued, and keep one with you.

Fees, forms, and timing vary by state, and some states don't charge to file. Ask the clerk.

What an Order Can't Do

Be realistic about limits.

• It doesn't physically prevent contact. It makes contact illegal and gives police a basis to act.
• It may not be enforced if police don't know about it. Keep copies and tell your employer, school, and building management.
• It requires you to report violations. Document each violation.
• It may not cover every situation, such as contact from someone who isn't named.

An order is one layer of protection. Keep your safety plan in place.

If the Order Is Violated

Violating a protective order is generally a crime.

• Call 911 if you are in danger.
• Document the violation: date, time, what happened, and evidence.
• Report it and give police a copy of the order.
• Ask about charges and about modifying or extending the order.
• Report new threats or escalation.

Orders and Other States

Federal law requires courts in other states and tribal jurisdictions to give full faith and credit to valid protection orders (18 U.S.C. 2265), as the Department of Justice explains, and it is a federal crime to cross state lines with the intent to violate one. See 18 U.S.C. 2262. If you move, keep a certified copy, tell local police, and consider an address confidentiality program. The Department of Justice discusses interstate protections on its interstate stalking page.

Firearms and Protective Orders

Federal law restricts firearm possession for people who are subject to certain qualifying protection orders (see the ATF and Department of Justice summary), and many states have their own firearm provisions. Details are complicated, so ask the court or an attorney. If you fear the person has a weapon, tell the police and the judge, and update your safety plan.

Renewing, Changing, or Ending an Order

Orders expire after a set time, and many can be extended if the danger continues. Ask the court how to request renewal before the order expires. If circumstances change, you can ask to modify an order, and the other person can ask to end it, usually through a hearing. Never agree to informal contact that would conflict with the order's terms without getting advice.

Help With the Process

You don't have to do this alone. Court self-help centers, victim advocates in prosecutor or police offices, and victim services programs can explain the process. Find programs in the Office for Victims of Crime directory. Stalking is a crime in all 50 states, and you are entitled to ask for protection.

What to Bring to Your Hearing

Preparation helps judges understand your case quickly.

• A one-page timeline summarizing the pattern.
• Printed copies of key evidence, labeled with dates.
• Your stalking log, or a summary of it.
• Any police reports, with report numbers.
• Names and contact details of witnesses, if they will attend.
• A list of places you need the order to cover: home, work, school, and others.
• Photo identification and the court papers you were given.

Practice describing what happened in a few clear sentences. Focus on specific incidents, the pattern, and why you're afraid. See evidence that holds up in court.

Common Reasons Requests Are Denied, and How to Prepare

Judges decide each case on its facts, and outcomes vary. Requests are sometimes denied because the evidence is thin, the pattern isn't clear, the legal requirements aren't met, or the paperwork was incomplete. You can improve your chances by being specific, bringing documentation, and showing the pattern and the fear. If your request is denied, ask the clerk or an advocate about options, such as filing again with new incidents, appealing, or seeking a different kind of order.

Serving the Order and Telling the Right People

An order has to be served on the other person before it can be enforced against them. Ask the clerk who handles service and how you will learn when it has occurred.

Once you have an order, tell the people who need to know.

• Your employer and school, so they can watch for the person.
• Building management, so they can restrict access.
• Trusted friends and family, so they don't share your information.
• Local police, so they can verify the order.

Carry a copy, keep one at home, and keep another with a trusted person. Update your safety plan to include the order.

When You Need Help Right Now

If you are in immediate danger, call 911. Don't wait for an order. If you are unsure which order to ask for, call your local court clerk or a victim services program and describe your situation. They can often explain which order fits and whether an emergency order is available the same day.

An order is a paper. Its power comes from your evidence, your plan, and the system's willingness to enforce it.

Sources and further reading

• Help in Your State (Office for Victims of Crime)
• 18 U.S.C. 2262 (Interstate violation of protection order) - U.S. Code via GovInfo
• Interstate Stalking (U.S. Attorney's Office, N.D. Georgia)
• Stalking (Office of Justice Programs)
• ATF/DOJ: Protection Orders and Federal Firearms Prohibitions
• Federal Violence Against Women statutes and elements (DOJ Office on Violence Against Women)