Misconceptions about restraining orders can prevent people from seeking protection — or cause unrealistic expectations. Let’s separate fact from fiction.
Myth 1: “You Need a Lawyer to Get a Restraining Order”
FACT: You absolutely do NOT need an attorney. The process is designed for self-representation. You file the forms, present your case, and the judge decides. Professional document preparation makes the process easier but is also not required.
Myth 2: “Restraining Orders Don’t Work — People Violate Them”
FACT: While violations do occur, restraining orders are criminally enforceable. Violators face arrest, jail time (up to 1 year for first offense), and fines. Most people comply because the consequences are serious.
Myth 3: “You Need Physical Abuse to Get One”
FACT: Restraining orders cover much more than physical violence: – Threats of violence – Stalking – Harassment – Destroying personal property – Disturbing the peace – Cyberstalking and online harassment
Myth 4: “The Person Has to Live Near You”
FACT: Restraining orders apply regardless of distance. They also cover contact by phone, text, email, social media, and through third parties. Distance doesn’t prevent someone from harassing you.
Myth 5: “Restraining Orders Are Permanent”
FACT: Standard restraining orders last up to 5 years (3 years for workplace violence). They can be renewed, but they’re not automatically permanent. Temporary Restraining Orders (TROs) last only 20–25 days.
Myth 6: “Filing a Restraining Order Will Ruin the Person’s Life”
FACT: A restraining order is a civil order, not a criminal conviction. It doesn’t create a criminal record. It does show up on a CLETS (law enforcement) database and may affect the restrained person’s ability to possess firearms.
Myth 7: “It Costs Too Much”
FACT: Domestic Violence Restraining Orders (DVROs) are completely free — no filing fee. Civil Harassment orders cost $435, but fee waivers are available for those who can’t afford it.
Myth 8: “The Judge Always Grants Them”
FACT: Judges evaluate the evidence carefully. You must demonstrate a credible threat or pattern of harassment. Vague allegations without specifics often result in denial. This is why thorough, well-documented petitions are so important.
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Superior Court Docs prepares complete, detailed restraining order petitions that present your case clearly to the judge.
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Related: Complete Restraining Order Guide | Types of Restraining Orders | Hearing Guide
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