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How to Get a Restraining Order and Protect Yourself from an Abusive Spouse

  • Jul 16, 2025
  • Harr Law

If you are experiencing abuse in your relationship, taking legal steps to protect yourself is crucial. A restraining order—also known as a protective order—can provide legal protection from an abusive spouse, helping to ensure your safety and prevent further harm.

At Harr Law Firm, we understand how difficult it can be to leave an abusive relationship. Knowing your legal rights and options can help you make informed decisions about your safety and future.

What Is a Restraining Order?

A restraining order is a legal document issued by a court that restricts an abuser from making contact with the victim. It may include provisions such as:

  • Prohibiting the abuser from calling, texting, or approaching you
  • Forcing the abuser to move out of your shared home
  • Preventing the abuser from coming near your workplace or school
  • Granting you temporary custody of children

Restraining orders provide immediate legal consequences for violations, meaning law enforcement can intervene quickly if the abuser does not comply.

Types of Restraining Orders

1. Emergency Restraining Order

  • Issued when immediate protection is needed.
  • Typically lasts a few days until a formal hearing is scheduled.
  • Can be granted without the abuser being present.

2. Temporary Restraining Order (TRO)

  • Provides protection until a court hearing is held.
  • The court determines whether a permanent order is necessary.
  • Typically lasts two to four weeks.

3. Permanent Restraining Order

  • Issued after a formal hearing.
  • May include child custody or financial support provisions.
  • Can last months to years and may be renewed if needed.

4. Criminal Protective Order

  • Issued in criminal cases when an abuser is arrested.
  • Typically lasts as long as the court case is ongoing.
  • Enforced by law enforcement and can result in immediate arrest if violated.

Steps to Get a Restraining Order

1. Gather Evidence and Documentation

Before filing for a restraining order, collect evidence of abuse to strengthen your case. This may include:

  • Police reports from previous incidents
  • Medical records if injuries were treated
  • Threatening text messages, emails, or voicemails
  • Photos of injuries or property damage
  • Statements from witnesses who can verify the abuse

2. File a Petition in Court

Visit your local family court or domestic violence court to obtain the necessary forms. You will need to:

  • Provide details about the abuse and why protection is necessary.
  • Request specific provisions, such as child custody or financial support.
  • File the forms with the court clerk.

In urgent cases, a judge may issue an emergency order the same day.

3. Attend a Court Hearing

A hearing will be scheduled to determine whether a temporary or permanent restraining order should be granted. At the hearing:

  • Present your evidence and testimony.
  • The abuser may have the right to respond to your claims.
  • The judge will decide whether to issue a long-term protection order.

4. Enforce the Restraining Order

Once the order is issued:

  • Keep copies with you at all times.
  • Provide copies to your workplace, school, and law enforcement.
  • Contact the police immediately if the abuser violates the order.

What Happens If the Restraining Order Is Violated?

Violating a restraining order is a serious offense and can result in:

  • Arrest and criminal charges
  • Fines or jail time
  • Additional legal consequences

If the abuser ignores the order, report the violation to law enforcement immediately. Keeping detailed records of violations can help strengthen future legal actions.

Additional Steps to Protect Yourself

1. Develop a Safety Plan

A safety plan helps you prepare for potential threats. This may include:

  • Having a safe place to go (a friend’s house, a shelter, or a family member’s home).
  • Changing your daily routines to avoid encounters with the abuser.
  • Keeping important documents, money, and emergency contacts accessible.

2. Secure Your Home and Online Accounts

  • Change locks and install security cameras if necessary.
  • Update passwords for email, bank accounts, and social media.
  • Use a new phone number if the abuser continues to contact you.

3. Seek Support from Domestic Violence Organizations

There are many organizations that provide legal assistance, counseling, and emergency housing for victims of abuse, including:

  • National Domestic Violence Hotline (800-799-7233)
  • Local women’s shelters and advocacy groups
  • State-based legal aid organizations

4. Consider Filing for Divorce

If you are married to your abuser, filing for divorce may be the next step toward long-term protection. A family law attorney can assist with:

  • Filing for spousal support and asset division
  • Requesting sole custody of children
  • Ensuring legal protection from further harm

Why Choose Harr Law Firm for Your Protection Order Case?

At Harr Law Firm, we understand the urgency and emotional difficulty of leaving an abusive situation. Our team is committed to helping survivors of domestic violence obtain restraining orders and legal protection.

When you work with us, you receive:

  • Experienced Domestic Violence Legal Representation – We specialize in protective orders, divorce, and custody cases.
  • Confidential and Compassionate Legal Guidance – We provide a safe and supportive environment to discuss your case.
  • Strong Advocacy in Court – We fight to ensure your restraining order is granted and enforced.
  • Long-Term Legal Protection – We help you secure custody, financial support, and safety measures for a better future.

Protecting Yourself from an Abusive Spouse

No one should have to live in fear of their spouse. If you are experiencing abuse, a restraining order can be a powerful legal tool to protect you and your loved ones. Taking the right legal steps and working with an experienced attorney can ensure your safety and long-term security.

If you or someone you know needs help obtaining a restraining order, contact Harr Law Firm today for a confidential consultation. We are here to help you take back control of your life and ensure your safety

The HARR LAW FIRM