Protective Order Cost Calculator
Estimate the costs of obtaining a domestic violence protective order or restraining order, with a comparison of self-representation versus hiring an attorney.
Understanding Protective Orders
A protective order (sometimes called a restraining order or order of protection) is a court order designed to protect victims of domestic violence, stalking, harassment, or abuse. These orders can prohibit the abuser from contacting the victim, require them to stay a certain distance away, grant temporary custody of children, and even order the abuser to vacate a shared residence.
There are generally three types of protective orders. Emergency protective orders can be issued immediately by law enforcement, often outside of regular court hours, and typically last 5-7 days. Temporary restraining orders are issued by a judge after a petition is filed and last until a full hearing can be held, usually 14-21 days. Permanent restraining orders (despite the name, they usually last 1-5 years) are issued after a full court hearing where both parties can present evidence.
Costs and Fee Waivers
One of the most important things to know about domestic violence protective orders is that most states waive filing fees entirely for DV victims. The Violence Against Women Act (VAWA) requires that states not charge fees for filing, serving, or enforcing protective orders in domestic violence cases. This means the primary cost barrier is attorney fees, which are optional but often beneficial.
Service of process -- the legal requirement to formally deliver the order to the respondent -- typically costs $50-$100 through a sheriff's office or private process server. Some jurisdictions provide free service for protective orders. Lost wages for attending hearings are an often-overlooked cost, and some states have laws protecting DV victims' employment when they need to attend court proceedings.
When to Hire an Attorney
While many protective orders can be obtained without an attorney, legal representation is strongly recommended in several situations: when the abuser has hired an attorney, when the order will be contested, when children are involved and custody provisions are needed, when there are complex property issues (such as shared ownership of a home), or when there are immigration implications. Many legal aid organizations provide free representation to domestic violence victims, and victim advocacy organizations at local courthouses can assist with paperwork and courtroom procedures.
What if I cannot afford an attorney?
Many resources exist for DV victims who cannot afford an attorney. Legal aid organizations often prioritize protective order cases. Courthouse-based victim advocates can help you complete paperwork and may accompany you to hearings. Some bar associations have pro bono programs specifically for domestic violence cases. The National Domestic Violence Hotline (1-800-799-7233) can connect you with local resources.
What happens if a protective order is violated?
Violating a protective order is a criminal offense in all 50 states. Depending on the jurisdiction and the nature of the violation, penalties can include arrest, fines, and imprisonment. Even seemingly minor violations -- like sending a text message -- can result in criminal charges. If you believe your protective order has been violated, contact law enforcement immediately.
Can a protective order include custody provisions?
Yes, most protective orders can include temporary custody and visitation provisions for minor children. These provisions remain in effect until a family court issues a separate custody order. Including custody provisions adds complexity to the case and is one situation where having an attorney is particularly valuable, as these temporary provisions can influence later permanent custody decisions.