How To Get A Temporary Protective Order
If you’re facing threats, abuse, or harassment, you don’t have to wait to be protected. A Temporary Protective Order (TPO) is a powerful legal tool that can provide immediate, court-enforced protection from someone who poses a danger to you or your children. It’s fast, free, and in many states, you don’t even need a lawyer to get started.
Below, our friends from Vayman & Teitelbaum, P.C. discuss what a protective order does and how victims of abuse can get one.
What Is A Temporary Protective Order?
A Temporary Protective Order is an emergency court order issued to protect someone from abuse, harassment, stalking, or threats. It’s typically granted without the abuser being present, based solely on the sworn statement of the person requesting protection.
A TPO is typically the initial step in the process of obtaining a longer-term order, often referred to as a permanent protective order or restraining order. The temporary version is intended to provide immediate safety until a full hearing can be held, typically within 7 to 14 days.
What Does A Protective Order Cover?
Every state has its laws, but most protective orders can:
- Prohibit the abuser from contacting you in any way (calls, texts, social media, in-person)
- Order the abuser to stay away from your home, work, school, or children’s daycare
- Grant you temporary custody of your children
- Require the abuser to move out of a shared residence
- Protect your pets from harm or being taken
- Restrict the abuser from possessing firearms
Some protective orders can even include temporary financial support, such as child support or access to a shared vehicle, if needed for safety or caregiving.
How To File For A Temporary Protective Order
Filing for a TPO is designed to be straightforward, especially for those in crisis. You can typically initiate the process by visiting your local courthouse, family court, or a domestic violence shelter. In many places, forms are available online, and court advocates are available to assist you in completing them.
Here’s what the basic process looks like:
Complete a petition: You’ll fill out a sworn statement describing the abuse, threats, or harassment. This is called an affidavit.
File with the court: You bring your completed forms to the courthouse. There’s usually no filing fee.
Request a judge’s review: In urgent cases, a judge can issue a temporary order the same day, often within hours.
Serve the respondent: The abuser must be formally notified of the order, usually by law enforcement.
Prepare for the full hearing: A court date will be set, usually within two weeks. That’s when a judge decides whether to extend the order for a longer period.
You Don’t Have To Do This Alone
Many survivors feel overwhelmed or afraid to come forward, but help is available. Domestic violence shelters, legal aid clinics, and a family lawyer can guide you through every step. Many court systems also have victim advocates who provide free, confidential assistance right at the courthouse.
And remember: You do not have to prove abuse “beyond a reasonable doubt” to get a TPO. Your sworn statement can be enough. The goal is to stop harm before it escalates.
After You Get The Order
Once the protective order is granted, keep a copy with you at all times. Give copies to your workplace, your child’s school, or anyone else who needs to help enforce it. If the abuser violates the order, call the police immediately. Violating a protective order is a crime.
If you’re in danger, a Temporary Protective Order can be your first step toward safety and stability. It’s a legal boundary backed by the court, and it tells your abuser, clearly and firmly, that their behaviour will not be tolerated.