How Long Does a Restraining Order Last?
- Posted on: Mar 10 2025
Restraining orders, also known as protective orders, are legal measures designed to protect individuals from harassment, threats, or harm. Whether issued in cases of domestic violence, stalking, or workplace harassment, these court orders impose legal restrictions on an individual to prevent further contact with the victim. However, the duration of a restraining order varies depending on the type of order, the jurisdiction, and the specifics of the case. In this guide, we’ll break down the different types of restraining orders, their durations, and how they can be extended or terminated.
Types of Restraining Orders and Their Duration
The length of a restraining order depends on its type and purpose. Below are the most common types of restraining orders and how long they typically last:
Temporary Restraining Orders (TROs)
A Temporary Restraining Order (TRO) is an emergency measure issued by a court to provide immediate protection. These orders are typically short-term and last anywhere from a few days to a few weeks (often around 14–21 days). The specific duration depends on state laws and when a formal hearing can be scheduled. A judge may extend a TRO if necessary, particularly if the respondent has not been served with notice or if the court requires more time to evaluate the case.
Emergency Protective Orders (EPOs)
Emergency Protective Orders (EPOs) are issued by law enforcement officers at the request of a victim in situations where immediate protection is needed, such as in domestic violence cases. These orders usually last between 24 hours to 7 days, depending on state laws. EPOs provide temporary protection until the victim can file for a longer-lasting restraining order through the court system.
Permanent Restraining Orders
Despite the name, permanent restraining orders are not always lifelong. These orders are typically issued following a full court hearing where both parties present evidence. In most cases, permanent restraining orders last between one to five years. Some states allow judges to issue lifetime restraining orders in severe cases. The protected party may request a renewal before the order expires if they believe the threat persists.
Domestic Violence Restraining Orders (DVROs)
Restraining orders issued in domestic violence cases vary in duration based on the circumstances. Temporary domestic violence restraining orders often last until the court hearing, after which a judge may grant a more extended order for up to five years. In severe cases, a judge may impose a long-term or permanent order to ensure ongoing safety.
Workplace Restraining Orders
Workplace restraining orders are issued to protect employees from threats or harassment in a professional setting. These orders generally last between one and three years and can be renewed if the threat remains. Employers often seek these orders to prevent hostile individuals from entering workplace premises and endangering employees.
Can a Restraining Order Be Extended or Modified?
Restraining orders can be extended or modified under certain conditions:
- Extensions: If the threat persists, the protected party can request an extension before the restraining order expires. Courts often grant extensions if evidence supports continued risk.
- Modifications: Either party can request modifications to the order, such as changes in restrictions or contact allowances, if circumstances change.
- Early Termination: In some cases, the restrained party may request an early termination of the order, especially if they can prove that the circumstances that led to the order no longer exist. However, the court must approve any such request.
What Happens When a Restraining Order Expires?
When a restraining order expires, all legal restrictions are lifted. The restrained person is no longer legally barred from contacting the protected party. However, if the protected party still feels unsafe, they can file for an extension or seek additional legal protections. If the restrained individual violates the order even after it has expired, the victim may still have legal options, including seeking a new restraining order or filing criminal charges.
If you are in a situation where you need a restraining order, understanding how long it lasts and how to extend it is crucial for your safety. Laws regarding restraining orders vary by state, so consulting a legal professional is the best way to ensure you take the right steps. If you or someone you know needs legal assistance with a restraining order, contact our qualified attorney today to discuss your options and protect your future. Don’t wait—take action to safeguard yourself and your loved ones.
Posted in: Divorce Law, Family Law, Uncategorized
