How Much Does It Cost to Get a Restraining Order?

Short answer: if you are seeking a restraining order to protect yourself from domestic violence, stalking, or sexual assault, it is almost always free to file. Under federal Violence Against Women Act (VAWA) policy, every state has certified that it will not charge victims for filing, serving, or enforcing a domestic violence protection order. You should not be asked to pay a filing fee, a fee to have the order served on the other person, or a fee to enforce it. If a clerk tells you otherwise, that is worth questioning calmly and asking to speak with a domestic violence advocate or supervisor.

Costs can come up in other situations, such as a civil harassment order against a neighbor or stranger, or if you choose to hire a lawyer. This article walks through what is typically free, what might cost money, and how to get help paying for any part of the process.

The core rule: domestic violence orders are typically free

There are different names for these orders depending on your state, including order of protection, protective order, domestic violence restraining order (DVRO), or injunction against harassment. The labels vary because protective orders are mostly governed by state law, so the exact process, forms, and terminology differ from place to place.

What does not vary is the basic cost protection for domestic violence victims. Under federal law, any state, tribe, or local government that accepts VAWA grant funding must certify that its laws and practices do not require a victim to bear the costs associated with a domestic violence, dating violence, sexual assault, or stalking protection order (34 U.S.C. § 10450). Because every state accepts this funding, that protection applies nationwide. It generally includes:

• Filing the petition that asks the court for the order.
• Service of process (having law enforcement or a server deliver the papers to the other party).
• Registering, modifying, enforcing, or dismissing the order.
• Witness subpoenas related to the protection order case.

So if your search was "how much do you have to pay to get a restraining order" and your situation involves abuse or threats from a partner, household member, or someone stalking you, the honest answer is usually $0 to file.

When there might actually be a cost

The free-filing rule is strongest for domestic violence, stalking, and sexual assault orders. A few other scenarios can involve money:

Civil harassment orders against non-intimate parties

If the person harassing you is not a partner, family member, or someone who fits your state's domestic violence definition, you may be filing a different kind of order (often called a civil harassment restraining order). Some states charge a filing fee for these. Even then, you can usually ask the court to waive the fee if you cannot afford it, and many states waive it automatically when the case involves credible threats of violence, stalking, or harassment.

Hiring a private attorney

You are not required to have a lawyer to get a restraining order, and courts are set up for people to file on their own. But if you choose to hire a private attorney, that is the part with a real price tag, ranging widely from a few hundred dollars to several thousand depending on your area and whether the case is contested. The good news is that free and low-cost legal help is often available (see the steps below).

Incidental costs

You might run into small, optional expenses like parking, transportation to the courthouse, copies, or notarizing documents. Many courthouses have self-help centers that can make copies and notarize for free in connection with a protection order.

How fee waivers work

Even outside the domestic violence context, U.S. courts have a process to waive fees for people who cannot afford them. This is sometimes called proceeding in forma pauperis or filing a fee waiver or application to proceed without paying costs.

• You fill out a short financial form describing your income, expenses, and any public benefits you receive.
• If you receive benefits like SNAP, Medicaid, SSI, or other need-based assistance, or your income is below a set threshold, you typically qualify.
• The clerk or a judge reviews it, usually quickly, and the fee is waived.

Ask the clerk for the fee waiver form at the same time you ask for the restraining order forms. You do not have to pay first and seek reimbursement later.

What you can do

1. If you are in immediate danger, call 911. Your safety comes before paperwork.
2. Call a free hotline for guidance. The National Domestic Violence Hotline (1-800-799-7233, or text START to 88788) is free, confidential, 24/7, and can connect you to a local advocate who knows your county's exact process.
3. Go to the courthouse clerk or self-help center and ask for the protection order packet. Tell them you are a victim of domestic violence (or stalking/sexual assault) and ask whether any fees apply. For these orders, the answer should be that filing and service are free.
4. Ask for a fee waiver form if any fee is mentioned. Fill it out honestly; it is designed for people with limited income.
5. Ask whether a victim advocate is available. Many courthouses, prosecutors' offices, and domestic violence programs provide advocates who help you complete forms for free.
6. Look for free legal help. Contact your local legal aid office (find one at LawHelp.org or LSC.gov), a law school clinic, or a domestic violence legal program. Many handle protection orders at no charge.
7. Bring documentation if you have it, such as texts, photos, medical records, or police report numbers. You can still file without them; they just help.

Time-sensitive points to know

• Emergency and temporary orders move fast. Many courts can issue a short-term emergency or temporary protective order the same day you file, often without the other person present, to protect you until a full hearing. That hearing is usually scheduled within a couple of weeks.
• Do not skip the full hearing. A temporary order typically expires if you do not return for the scheduled hearing where a longer-term order can be granted.
• Service must happen before most orders can be fully enforced against the other person, which is exactly why free service of process matters.

Your order protects you in every state

If you move, travel, or the abuser follows you across state lines, your protection order does not stop at the border. Under VAWA, a protection order issued by one state, tribe, or territory must be given full faith and credit and enforced by courts and law enforcement everywhere else, as if it were issued locally (18 U.S.C. § 2265). The order is valid as long as the issuing court had jurisdiction over the parties and the matter, and the other person received reasonable notice and a chance to be heard.

Federal law adds a floor on top of state protections. It is a federal crime to cross state lines (or enter or leave tribal land) with intent to injure, harass, intimidate, or surveil an intimate partner in a way that causes reasonable fear or substantial emotional distress (18 U.S.C. § 2261A), and to travel across state lines intending to violate a protection order and then doing so (18 U.S.C. § 2262). You do not pay to enforce these protections; enforcement is handled by police and prosecutors.

Bottom line

For domestic violence, stalking, and sexual assault situations, getting a restraining order is designed to be free, including filing and having the papers served. Costs mainly appear if you hire a private attorney or are filing a different type of harassment order, and even then fee waivers and free legal aid are widely available. Money should not be the reason you go without protection.

This article is general information, not legal advice; protective order rules vary by state, so contact a local legal aid office, victim advocate, or attorney about your specific situation.