Domestic Violence Protections by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| Alabama | Alabama Protection from Abuse Act, Ala. Code § 30-5-1 et seq. |
| Alaska | Alaska Domestic Violence Prevention Act — Alaska Stat. § 18.66.100 |
| Arizona | A.R.S. § 13-3602 — Arizona Orders of Protection (same-day issuance; mandatory firearms surrender) |
| Arkansas | Arkansas Domestic Abuse Act, Ark. Code § 9-15-101 et seq. |
| California | California Family Code § 6203 — definition of abuse under DVPA |
| Colorado | C.R.S. § 13-14-104.5 — civil protection orders (indefinite duration, no filing fee) |
| Connecticut | CGS § 46b-15 — Restraining orders (domestic violence) |
| Delaware | Delaware Protection from Abuse Act, 10 Del. C. § 1041 et seq. |
| District of Columbia | D.C. Intrafamily Offenses Act, D.C. Code § 16-1001 et seq. |
| Florida | Florida Domestic Violence Injunctions, Fla. Stat. § 741.30 |
| Hawaii | Hawaii Domestic Abuse Protective Orders — HRS § 586 |
| Idaho | Idaho Code § 39-6301 et seq. — Domestic Violence Crime Prevention Act |
| Illinois | 750 ILCS 60 — Illinois Domestic Violence Act (protective orders, up to 2 years) |
| Indiana | Indiana Code § 34-26-5 — protective order procedure and remedies |
| Iowa | Iowa Code § 236 — Domestic Abuse Act |
| Kansas | K.S.A. § 60-3101 — Kansas Protection from Abuse Act |
| Kentucky | KRS § 403.715 et seq. — Kentucky Domestic Violence and Abuse Act |
| Louisiana | Louisiana Domestic Abuse Assistance Act, La. R.S. § 46:2131 et seq. |
| Maine | 19-A M.R.S.A. § 4001 et seq. — Protection from Abuse Act |
| Maryland | Maryland Protective Orders, MD Code, Family Law § 4-504 et seq. |
| Massachusetts | MGL c. 209A — Massachusetts Abuse Prevention Orders (209A orders) |
| Michigan | Michigan Personal Protection Order Act, MCL § 600.2950 et seq. |
| Minnesota | Minn. Stat. § 518B.01 — Domestic Abuse Act (Orders for Protection) |
| Mississippi | Miss. Code Ann. § 93-21-1 et seq. — Mississippi Domestic Violence Protection Act |
| Missouri | Missouri Adult Abuse Act — Orders of Protection, RSMo § 455.010 |
| Montana | Mont. Code Ann. § 40-15-201 — orders of protection |
| Nebraska | Neb. Rev. Stat. § 42-901 — Protection from Domestic Abuse Act |
| Nevada | NRS 33.017 et seq. — Protection Against Domestic Violence |
| New Hampshire | RSA 173-B:1 et seq. — NH Domestic Violence Act |
| New Jersey | NJ Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 |
| New Mexico | NMSA § 40-13-1 et seq. — Family Violence Protection Act |
| New York | NY Family Court Act § 812 — family offense jurisdiction |
| North Carolina | N.C. Gen. Stat. § 50B-1 et seq. — Domestic Violence Protective Orders |
| North Dakota | N.D. Cent. Code § 14-07.1 — Domestic Violence Protection Orders |
| Oklahoma | Oklahoma Protection from Domestic Abuse Act, 22 Okl. St. § 60 et seq. |
| Oregon | Oregon Family Abuse Prevention Act — ORS § 107.700 et seq. |
| Pennsylvania | Pennsylvania Protection From Abuse Act, 23 Pa.C.S. § 6101 |
| Rhode Island | R.I. Gen. Laws § 15-15-1 et seq. — Domestic Violence Prevention Act |
| South Carolina | SC Protection from Domestic Abuse Act, S.C. Code § 20-4-10 et seq. |
| South Dakota | SDCL § 25-10-1 — Protection Orders (Domestic Violence) |
| Tennessee | Tennessee Protection from Domestic Abuse Act, TCA § 36-3-601 et seq. |
| Texas | Texas Protective Orders, Tex. Fam. Code §§ 82.001-88.004 |
| Utah | Utah Cohabitant Abuse Act — Utah Code § 78B-7-1 |
| Vermont | 15 V.S.A. § 1101 et seq. — Vermont abuse prevention and Relief from Abuse Orders |
| Virginia | Virginia Protective Orders, Va. Code § 16.1-253.1 et seq. |
| Washington | Washington Protection Order Act, RCW 7.105 |
| West Virginia | W. Va. Code § 48-27-101 et seq. — Domestic Violence Act |
| Wisconsin | Wis. Stat. § 813.12 — Domestic Abuse Restraining Orders and Injunctions |
| Wyoming | Wyo. Stat. § 35-21-101 et seq. — Domestic Violence Protection Act (orders of protection) |
What is this right?
The Violence Against Women Act passed in 1994 after years of grassroots advocacy and a series of tragedies that made obvious how badly the existing system was failing victims. Joe Biden — then a senator — was the lead author. VAWA created federal funding for shelters and services, criminalized interstate domestic violence and stalking, required states to enforce each other's protective orders, and built immigration relief into the system for abuse victims. It's been reauthorized in 2000, 2005, 2013, and 2022, expanding each time.
Every state has its own law allowing victims to get a protective order (also called a restraining order or order of protection). The order can require the abuser to stay away, leave a shared home, return your property, and have no contact with you or your children. Violating one is a crime. Under the Full Faith and Credit provision at 18 U.S.C. § 2265, a protective order issued in any state has to be enforced in every other state — your Texas order works in Florida.
Federal law also bans firearm possession for anyone subject to a qualifying DV protective order or convicted of a misdemeanor DV offense (18 U.S.C. § 922(g)(8)-(9)). The Supreme Court reaffirmed this in United States v. Rahimi (2024).
Immigration protections: If you're an immigrant married to a U.S. citizen or lawful permanent resident who's abusing you, the VAWA self-petition lets you apply for legal residency on your own — without your abuser's knowledge, signature, or cooperation. The U-visa provides separate relief for victims of certain crimes, including DV, who cooperate with law enforcement. Both programs were specifically designed to break the leverage that abusers historically used over immigrant spouses.
When does it apply?
These protections apply when:
- You're experiencing physical, sexual, emotional, or economic abuse by a current or former spouse, partner, or household member.
- You need immediate protection — an emergency or temporary protective order.
- You're an immigrant whose spouse or partner is using your immigration status to control or threaten you.
- You need emergency housing, legal services, or counseling.
- Your abuser has firearms and you want them removed.
Five myths:
- "DV is just physical." No. The legal definition includes threats, intimidation, stalking, emotional abuse, financial control, and sexual assault by a partner or household member. Many state protective order statutes specifically cover non-physical abuse.
- "Men aren't victims." VAWA protections apply regardless of gender. Roughly one in four men experience some form of intimate partner violence in their lifetime; the resources are gender-neutral.
- "No charges, nothing I can do." Civil and criminal cases are entirely separate. You can get a civil protective order without ever pressing criminal charges. The same evidence supports both, but you only have to pursue what serves you.
- "It's just a piece of paper." Violating a protective order is a crime — arrestable on the spot — and Full Faith and Credit means it works in every state. Violators have ended up in federal court when they crossed state lines to ignore one.
- "Undocumented, no help." VAWA was specifically designed to break that leverage. You can self-petition for residency without the abuser knowing, and may qualify for a U-visa. Reporting abuse does not put you in immigration proceedings under current VAWA confidentiality rules.
What to Do If You're Experiencing Domestic Violence
Step 1: If you're in immediate danger, call 911. Nothing else matters until you're physically safe.
Step 2: Call the National Domestic Violence Hotline. 1-800-799-7233 (1-800-799-SAFE) or text START to 88788. Trained advocates, 24/7, in over 200 languages. Safety planning, shelter referrals, legal resources, all confidential.
Step 3: Go to the courthouse for a protective order. Most courts have a same-day process for emergency (ex parte) orders — granted without the abuser present, valid for a short period until a full hearing. You don't need a lawyer to file. Court clerks usually have the forms and can walk you through.
Step 4: Document everything. Dates, times, what happened, in your own handwriting and contemporaneously. Save threatening texts, voicemails, emails. Photograph injuries the same day and again as bruises develop. Get medical treatment — those records are legally significant.
Step 5: Connect with a local DV organization. Most offer free legal representation, emergency shelter, counseling, safety planning, and language services. The National Hotline can route you locally.
Step 6: For immigrant victims, get specialized immigration counsel. The VAWA self-petition and U-visa are technical processes. Many legal aid organizations and the National Immigrant Women's Advocacy Project (NIWAP) provide free immigration help to DV victims.
What should you NOT do?
Don't confront the abuser about the order. Let law enforcement serve it. Direct confrontation is one of the most dangerous moments in any DV situation.
Don't violate your own protective order. Reaching back out — even to apologize, even to say goodbye — weakens the order in court and can give the abuser ammunition. If circumstances change and you want to modify or drop, go through the court.
Don't assume the abuse will stop on its own. The statistical pattern is escalation, not de-escalation. Early intervention is the difference.
Don't stay silent because of immigration status. VAWA confidentiality provisions specifically prohibit immigration enforcement from acting on information from an abuser. You can self-petition without the abuser knowing.
Don't leave without a safety plan. Statistically, the period right around leaving is the most dangerous time in an abusive relationship. Work with an advocate on a plan: safe destination, essential documents (passport, IDs, birth certificates, insurance, financial), money, secure communication channel, code word with a friend.
Worked example
ScenarioAfter being assaulted by a partner, you need protection immediately, but a full court hearing is still days away.
OutcomeYou can ask the court for an emergency or temporary (ex parte) protective order, which a judge can often grant the same day based on your sworn statement — ordering the abuser to stay away and stop contact until a full hearing. The order is enforceable by police, and under federal law it must be honored in other states too.
Verified: protective orders are available in every state, and 18 U.S.C. §2265 (VAWA) requires other states to give them full faith and credit. Free, confidential support is available 24/7 at the National Domestic Violence Hotline, 1-800-799-7233. Educational information, not legal advice — a local advocate can help you file safely.
Common Questions
How do I get a protective order?
You file a petition at your local court (often family or civil court) describing the abuse; many courts have advocates and free forms to help. A judge can often grant a temporary order the same day, with a hearing for a longer-term order soon after. Your state's section above explains the steps.
How fast can I get protection?
Often immediately. Most states allow emergency or temporary 'ex parte' orders that a judge can issue the same day — before the other person is notified — when there's an urgent safety risk. A fuller hearing for a longer-term order follows within days or weeks.
Will my protective order work if I move to another state?
Yes. Under the federal Violence Against Women Act (18 U.S.C. §2265), a valid protective order issued in one state or tribe must be enforced in every other state. Carry a copy if you can, and you can register it in your new state for easier enforcement.
What can a protective order require?
Depending on your state, it can order the abuser to stay away from your home, work, and children's school; stop all contact; leave a shared home; surrender firearms; and address temporary custody or support. Violating the order is a crime. See your state's section above.
Is there free, confidential help?
Yes. The National Domestic Violence Hotline (1-800-799-7233, or text START to 88788) offers free, confidential, 24/7 support and can connect you to local advocates and shelters. Local domestic-violence programs can also help you safety-plan and file court paperwork.
State-by-state details
Alabama
Primary statute: Alabama Protection from Abuse Act, Ala. Code § 30-5-1 et seq.
Alabama provides Protection from Abuse (PFA) orders:
- Available against current/former spouses, cohabitants, parents of a common child, and dating partners
- Emergency ex parte orders are available
- Final PFA orders can last up to 1 year (renewable up to 1 year increments)
- Violation is a Class A misdemeanor (up to 1 year in jail)
Alaska
Primary statute: Alaska Domestic Violence Prevention Act — Alaska Stat. § 18.66.100
Alaska has strong domestic violence protections, which is critical given the state's high rate of domestic violence:
- Victims can obtain a protective order from the court against a household member, family member, or intimate partner
- Ex parte (temporary) orders can be issued without the abuser present and are effective immediately
- Protective orders can include no-contact provisions, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protective order is a Class A misdemeanor (up to 1 year in jail, $25,000 fine)
- Alaska mandates arrest for domestic violence crimes when the officer has probable cause
Arizona
Primary statute: A.R.S. § 13-3602 — Arizona Orders of Protection (same-day issuance; mandatory firearms surrender)
Arizona provides Orders of Protection and Injunctions Against Harassment for domestic violence victims:
- Orders of Protection are available against spouses, former spouses, cohabitants, persons with a child in common, romantic/sexual partners, and related by blood or court order
- Orders of Protection can be issued the same day if the court finds reasonable cause
- Orders last for 1 year and can be renewed
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, and surrender firearms
- Arizona is a mandatory arrest state for domestic violence — officers must arrest when they have probable cause to believe DV occurred
- Violating an Order of Protection is a Class 1 misdemeanor (up to 6 months in jail)
- Injunctions Against Harassment are available for non-domestic relationships
Arkansas
Primary statute: Arkansas Domestic Abuse Act, Ark. Code § 9-15-101 et seq.
Arkansas provides domestic violence protections through the Domestic Abuse Act:
- Victims can obtain an order of protection from the circuit court
- Temporary (ex parte) orders can be issued the same day without the abuser present
- Orders can include no-contact provisions, exclusive possession of the home, temporary custody, and other relief
- Violating a protection order is a Class A misdemeanor (first offense) or Class D felony (subsequent offenses)
- Arkansas mandates arrest when an officer has probable cause to believe a domestic violence offense occurred and a protection order is in effect
California
Primary statute: California Family Code § 6203 — definition of abuse under DVPA
Full California guide →Colorado
Primary statute: C.R.S. § 13-14-104.5 — civil protection orders (indefinite duration, no filing fee)
Full Colorado guide →Connecticut
Primary statute: CGS § 46b-15 — Restraining orders (domestic violence)
Connecticut has comprehensive domestic violence protections:
- Victims can obtain a restraining order from the Superior Court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and other relief
- Violating a restraining order is a Class D felony (up to 5 years)
- Connecticut mandates arrest when an officer has probable cause for domestic violence — one of the strongest mandatory arrest states
- Connecticut also offers civil protection orders for harassment/stalking
Delaware
Primary statute: Delaware Protection from Abuse Act, 10 Del. C. § 1041 et seq.
Delaware provides strong domestic violence protections:
- Victims can obtain a Protection from Abuse (PFA) order from the Family Court
- Temporary (ex parte) orders are available and effective immediately
- PFA orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a PFA order is a Class A misdemeanor (first offense) — can be a felony for subsequent violations
- Delaware mandates arrest for domestic violence when the officer finds probable cause
District of Columbia
Primary statute: D.C. Intrafamily Offenses Act, D.C. Code § 16-1001 et seq.
D.C. provides civil protection orders and has dedicated domestic violence resources:
- Intrafamily Offenses Act (D.C. Code § 16-1001 et seq.): Covers offenses between family members, intimate partners, and persons who share a child. Victims can obtain Civil Protection Orders (CPOs) lasting up to 2 years, with the option to renew.
- Temporary Protection Orders (TPOs): A TPO can be issued the same day as filing, without the abuser present (ex parte). The TPO lasts up to 14 days until a full hearing is held for the CPO.
- Broad relationship coverage: D.C. covers current and former spouses, domestic partners, romantic partners, persons who share a child, and persons related by blood, adoption, or legal custody. Same-sex couples are fully protected.
- Dedicated Domestic Violence Unit: D.C. Superior Court has a specialized DV Unit (Room 4235) that handles all CPO petitions and related criminal cases, with on-site advocates, interpreters, and shelter connections.
Florida
Primary statute: Florida Domestic Violence Injunctions, Fla. Stat. § 741.30
Florida provides domestic violence protections through injunctions:
- Fla. Stat. § 741.30: Allows victims to petition for injunctions for protection against domestic violence. Temporary injunctions can be issued ex parte (without the abuser present) and last up to 15 days. Final injunctions can be permanent or for a fixed period.
- Broad coverage: Florida's DV law covers spouses, former spouses, persons related by blood or marriage, persons who reside or formerly resided together as family, and parents of a common child.
- Firearms prohibition: Under Fla. Stat. § 741.31, a person served with a final injunction is prohibited from possessing firearms or ammunition.
- Address confidentiality: The Florida Attorney General's Address Confidentiality Program (Fla. Stat. § 741.403) provides DV victims with a substitute mailing address for all public records.
Hawaii
Primary statute: Hawaii Domestic Abuse Protective Orders — HRS § 586
Hawaii provides domestic violence protections through the Domestic Abuse Protective Order law:
- Victims can obtain a temporary restraining order (TRO) from the Family Court
- TROs can be issued ex parte and are effective immediately
- Orders can include no-contact provisions, exclusive possession of the home, temporary custody, and other relief
- Violating a protective order is a misdemeanor with mandatory minimum jail time for repeat offenses
- Hawaii has a mandatory arrest policy for domestic violence offenses
- Domestic violence is grounds for sole custody in custody proceedings
Idaho
Primary statute: Idaho Code § 39-6301 et seq. — Domestic Violence Crime Prevention Act
Idaho provides domestic violence protections through the Domestic Violence Crime Prevention Act:
- Victims can obtain a protection order against a household member, intimate partner, or family member
- Temporary (ex parte) protection orders may be issued without the abuser present
- Protection orders can include no-contact provisions, exclusive possession of the home, temporary custody, and other relief
- Violating a protection order is a misdemeanor (up to 1 year in jail and $5,000 fine)
- Idaho law requires mandatory arrest for certain domestic violence offenses when there is probable cause
Illinois
Primary statute: 750 ILCS 60 — Illinois Domestic Violence Act (protective orders, up to 2 years)
Illinois has comprehensive domestic violence protections:
- Illinois Domestic Violence Act (750 ILCS 60): Allows victims to obtain emergency orders of protection (valid for 14-21 days), interim orders, and plenary orders of protection (up to 2 years, renewable).
- Firearms surrender: Under 750 ILCS 60/214(b)(14.5), courts can order respondents to surrender firearms. Illinois also has a Firearm Restraining Order law (430 ILCS 67) allowing family members or law enforcement to petition for temporary removal of firearms from someone who poses a danger.
- Address confidentiality: The Illinois Address Confidentiality Program allows DV victims to use a substitute address for all public records.
- Economic protections: Illinois law allows victims to request temporary possession of shared property, child support, and monetary compensation as part of a protective order.
Indiana
Primary statute: Indiana Code § 34-26-5 — protective order procedure and remedies
Indiana provides protective orders for domestic violence victims under IC § 34-26-5:
- Protective orders are available to victims of domestic or family violence, stalking, or sex offenses
- Emergency (ex parte) orders can be granted without the abuser present, lasting up to 30 days
- After a hearing, orders can last up to 2 years and can be renewed
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, and prohibit contact
- Violating a protective order is a Class A misdemeanor (up to 1 year in jail) and can be a Level 6 felony for repeat violations
- Indiana law prohibits firearm possession by individuals subject to a protective order
- Indiana has a workplace violence restraining order provision for employers (IC § 34-26-6)
Iowa
Primary statute: Iowa Code § 236 — Domestic Abuse Act
Iowa provides domestic violence protections through the Domestic Abuse Act:
- Victims can obtain a protective order from the district court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and other relief
- Violating a protective order is a serious misdemeanor (first offense) or aggravated misdemeanor (subsequent offenses)
- Iowa mandates arrest when an officer has probable cause to believe domestic abuse occurred
Kansas
Primary statute: K.S.A. § 60-3101 — Kansas Protection from Abuse Act
Kansas provides domestic violence protections through the Protection from Abuse Act:
- Victims can obtain a Protection from Abuse (PFA) order from the district court
- Temporary (ex parte) orders are available and effective immediately
- PFA orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a PFA order is a Class A person misdemeanor (first offense)
- Kansas has a mandatory arrest policy for domestic violence — officers must arrest when they have probable cause
Kentucky
Primary statute: KRS § 403.715 et seq. — Kentucky Domestic Violence and Abuse Act
Kentucky provides Domestic Violence Orders (DVOs):
- Available against family members, household members, or persons in a dating relationship
- Emergency Protective Orders (EPOs) can be issued ex parte
- DVOs can last up to 3 years (among the longest in the nation) and can be reissued
- Violation is a Class A misdemeanor (first offense) or Class D felony (repeat)
Louisiana
Primary statute: Louisiana Domestic Abuse Assistance Act, La. R.S. § 46:2131 et seq.
Louisiana provides Protective Orders under the Domestic Abuse Assistance Act:
- Available against household members, family members, and dating partners
- Temporary Restraining Orders (TROs) can be issued ex parte
- Final protective orders can last up to 18 months and can be extended
- Violation is a criminal offense (La. R.S. § 14:79)
- Louisiana requires arrest for violation of a protective order
Maine
Primary statute: 19-A M.R.S.A. § 4001 et seq. — Protection from Abuse Act
Maine provides domestic violence protections through the Domestic Relations statute:
- Victims can obtain a protection from abuse order from the District Court
- Temporary (ex parte) orders can be issued immediately
- Orders can include no-contact provisions, exclusive possession of the home, temporary custody of children, and firearms surrender
- Violating a protection order is a Class D crime (up to 364 days in jail)
- Maine has a mandatory arrest policy for violations of protection orders
- Maine law defines abuse broadly to include physical violence, threats, sexual assault, and destruction of property
Maryland
Primary statute: Maryland Protective Orders, MD Code, Family Law § 4-504 et seq.
Maryland provides protective orders and peace orders for domestic violence victims:
- Protective orders (MD Code, Family Law § 4-504 et seq.) are available to victims of abuse by a spouse, cohabitant, relative, or dating partner of at least 12 months
- Peace orders (MD Code, Courts & Judicial Proceedings § 3-1503 et seq.) are available for harassment, stalking, or assault by anyone
- Interim (ex parte) protective orders can be granted the same day, lasting until the next court hearing (up to 7 days)
- Temporary protective orders can last up to 7 days; final protective orders can last up to 1 year (or up to 2 years in certain cases) and can be extended
- Orders can require the abuser to stay away, vacate the home, surrender firearms, and grant temporary custody
- Violating a protective order is a criminal offense
Massachusetts
Primary statute: MGL c. 209A — Massachusetts Abuse Prevention Orders (209A orders)
Massachusetts provides Abuse Prevention Orders (209A orders) for domestic violence victims:
- 209A orders are available to victims of abuse from a family or household member, spouse/former spouse, dating partner, or parent of a shared child
- Emergency (ex parte) orders can be granted the same day without the abuser present, lasting up to 10 days
- After a hearing, orders can last up to 1 year and can be extended
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, surrender firearms, and pay support
- Violating a 209A order is a criminal offense punishable by up to 2.5 years in jail
- MA law requires surrender of all firearms and firearms licenses when a 209A order is issued
- Harassment Prevention Orders (258E orders) are available for victims of harassment, stalking, or sexual assault by anyone
Michigan
Primary statute: Michigan Personal Protection Order Act, MCL § 600.2950 et seq.
Michigan provides Personal Protection Orders (PPOs) for domestic violence victims:
- Domestic relationship PPOs are available against spouses, former spouses, cohabitants, persons with a child in common, and dating partners
- Ex parte PPOs can be issued without the respondent present if there is immediate danger
- PPOs can order the abuser to stay away, not contact the victim, vacate the shared home, and not possess firearms
- PPOs must include an expiration date, with a minimum duration of 182 days. They can be extended by filing a motion before expiration
- Violating a PPO is a criminal offense — contempt of court, punishable by up to 93 days in jail and/or a fine
- Michigan law also allows stalking PPOs for non-domestic situations
Minnesota
Primary statute: Minn. Stat. § 518B.01 — Domestic Abuse Act (Orders for Protection)
Minnesota provides Orders for Protection (OFPs) under the Domestic Abuse Act:
- OFPs are available against family or household members, current/former spouses, parents of a common child, or persons in a significant romantic relationship
- Ex parte OFPs can be issued without the abuser present if there is immediate danger
- OFPs can last up to 2 years (longer than many states) and can be extended
- Violation of an OFP is a misdemeanor (first offense) or gross misdemeanor/felony (repeat)
- Minnesota also provides Harassment Restraining Orders (HROs) for non-domestic situations
Mississippi
Primary statute: Miss. Code Ann. § 93-21-1 et seq. — Mississippi Domestic Violence Protection Act
Mississippi provides domestic violence protections through the Domestic Violence Protection Act:
- Victims can obtain a protection order from the chancery or county court
- Temporary (ex parte) orders are available
- Orders can include no-contact, exclusive possession of the home, and temporary custody
- Violating a protection order is a misdemeanor (first offense) or felony (subsequent offenses)
- Mississippi has a mandatory arrest policy when an officer has probable cause for domestic violence and a protection order is in effect
Missouri
Primary statute: Missouri Adult Abuse Act — Orders of Protection, RSMo § 455.010
Missouri provides Orders of Protection for domestic violence victims under RSMo § 455.010 et seq.:
- Orders of Protection are available to victims of domestic violence, stalking, or sexual assault by a family/household member, former spouse, dating partner, or parent of a shared child
- Emergency (ex parte) orders can be granted without the abuser present, lasting until the full hearing (within 15 days)
- Full Orders of Protection can last from 180 days to 1 year
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, surrender firearms, and pay support
- Violating an Order of Protection is a Class A misdemeanor (first offense) or a Class E felony (subsequent offenses)
- Missouri law prohibits firearm possession by individuals subject to an Order of Protection
Montana
Primary statute: Mont. Code Ann. § 40-15-201 — orders of protection
Montana provides domestic violence protections through the Partner or Family Member Assault statute and order of protection law:
- Victims can obtain a temporary order of protection (TOP) from the court
- TOPs can be issued ex parte and are effective immediately
- Orders can include no-contact provisions, exclusive possession of the home, temporary custody, and firearms restrictions
- Violating a protection order is a misdemeanor (up to 6 months jail for first offense, 1 year for subsequent)
- Montana requires law enforcement to make an arrest when there is probable cause of partner or family member assault
- Montana law defines partner/family member assault broadly (Mont. Code Ann. § 45-5-206)
Nebraska
Primary statute: Neb. Rev. Stat. § 42-901 — Protection from Domestic Abuse Act
Nebraska provides domestic violence protections through the Protection from Domestic Abuse Act:
- Victims can obtain a protection order from the district court against a household member, intimate partner, or family member
- Ex parte (temporary) orders can be issued the same day without the abuser present
- Protection orders can include no-contact provisions, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protection order is a Class I misdemeanor (up to 1 year in jail)
- Nebraska law also addresses harassment protection orders for non-domestic situations
Nevada
Primary statute: NRS 33.017 et seq. — Protection Against Domestic Violence
Nevada provides domestic violence protections through comprehensive statutes:
- Victims can obtain a Temporary Protective Order (TPO) from the court
- Extended orders last up to 1 year (or longer in some cases)
- Orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protective order is a misdemeanor (up to 1 year in jail)
- Nevada mandates arrest for domestic violence when the officer determines the primary physical aggressor
New Hampshire
Primary statute: RSA 173-B:1 et seq. — NH Domestic Violence Act
New Hampshire provides domestic violence protections through the Domestic Violence Act:
- Victims can obtain a protective order from the Circuit Court — District Division
- Temporary (ex parte) orders can be issued immediately without the abuser present
- Orders can include no-contact provisions, exclusive possession of the home, temporary custody, firearms surrender, and counseling requirements
- Violating a protective order is a Class A misdemeanor (up to 1 year in jail)
- NH has a mandatory arrest policy when an officer has probable cause to believe a violation occurred
- The NH domestic violence statute defines abuse broadly to include physical harm, threats, sexual assault, and confinement
New Jersey
Primary statute: NJ Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17
New Jersey's Prevention of Domestic Violence Act is among the most comprehensive in the nation:
- Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.): Covers 19 predicate offenses including assault, harassment, stalking, sexual assault, criminal restraint, and kidnapping.
- Final Restraining Orders are permanent: Unlike most states, New Jersey's Final Restraining Order (FRO) does not expire. It stays in effect until the victim requests dismissal or the defendant meets the strict dissolution standard from Carfagno v. Carfagno, 288 N.J. Super. 424 (2000).
- Immediate firearms surrender: All firearms and weapons must be surrendered when a Temporary Restraining Order (TRO) is issued. FRO respondents are permanently prohibited from possessing firearms in New Jersey.
- 24/7 TRO availability: TROs can be issued at any time — by a Family Division judge during court hours and by a municipal court judge after hours. Police are trained to contact a judge around the clock.
New Mexico
Primary statute: NMSA § 40-13-1 et seq. — Family Violence Protection Act
New Mexico provides domestic violence protections through the Family Violence Protection Act:
- Victims can obtain an order of protection from the district court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protection order is a misdemeanor (first offense)
- New Mexico has a mandatory arrest policy for domestic violence — officers must arrest when there is probable cause
New York
Primary statute: NY Family Court Act § 812 — family offense jurisdiction
New York provides overlapping protections through Family Court and Criminal Court:
- Dual court system: Victims can seek an Order of Protection in Family Court (civil proceeding) and Criminal Court (as part of a criminal case). Both types are enforceable and violation of either is a crime.
- Family Court jurisdiction (Family Court Act § 812): Covers offenses between current and former spouses, persons related by blood or marriage, persons with a child in common, and persons in an intimate relationship.
- Full and limited orders: Courts can issue "full" orders of protection (no contact at all) or "limited" orders (allowing peaceful contact). Courts can also grant temporary custody, child support, and exclusive possession of the home.
- Mandatory arrest: Police must arrest when there is reasonable cause to believe a felony family offense occurred, or a misdemeanor involved physical injury, a weapon, or violation of a protective order (Criminal Procedure Law § 140.10).
North Carolina
Primary statute: N.C. Gen. Stat. § 50B-1 et seq. — Domestic Violence Protective Orders
North Carolina provides Domestic Violence Protective Orders (DVPOs) under Chapter 50B:
- DVPOs are available to victims of domestic violence from a current or former spouse, cohabitant, person of the opposite sex in a dating relationship, or household member
- Emergency or ex parte DVPOs can be granted without the abuser present, lasting up to 10 days
- After a hearing, a DVPO can last up to 1 year and can be renewed
- A DVPO can order the abuser to stay away, vacate the home, grant temporary custody, and prohibit contact
- Violating a DVPO is a Class A1 misdemeanor in NC
- NC law prohibits firearm possession by individuals subject to a DVPO
North Dakota
Primary statute: N.D. Cent. Code § 14-07.1 — Domestic Violence Protection Orders
North Dakota provides domestic violence protections through the Domestic Violence statute:
- Victims can obtain a protection order from the district court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protection order is a Class A misdemeanor (first offense)
- North Dakota mandates arrest when an officer has probable cause for domestic violence
Oklahoma
Primary statute: Oklahoma Protection from Domestic Abuse Act, 22 Okl. St. § 60 et seq.
Oklahoma provides Protective Orders (VPOs) under the Protection from Domestic Abuse Act:
- Available against family/household members, former spouses, parents of common child, dating partners, or stalkers
- Emergency Temporary Protective Orders can be issued ex parte
- Final VPOs default to 3 years if no duration is specified, and courts may extend them up to 5 years at judicial discretion (among the longest in the nation)
- Violation is punishable as contempt of court or a misdemeanor
Oregon
Primary statute: Oregon Family Abuse Prevention Act — ORS § 107.700 et seq.
Oregon provides Family Abuse Prevention Act (FAPA) restraining orders:
- Available against family/household members, spouses, former spouses, cohabitants, parents of common child, or persons in a sexual/intimate relationship
- Ex parte orders can be issued immediately
- FAPA orders can last up to 1 year and can be renewed
- Violation is a Class A misdemeanor (up to 1 year in jail)
- Oregon also provides Stalking Protective Orders (SPOs) for non-family situations
Pennsylvania
Primary statute: Pennsylvania Protection From Abuse Act, 23 Pa.C.S. § 6101
Pennsylvania provides strong statutory DV protections:
- Protection From Abuse Act (23 Pa.C.S. § 6101 et seq.): Allows victims to obtain emergency, temporary, and final Protection From Abuse (PFA) orders. Final PFA orders last up to 3 years and can be extended.
- Firearms relinquishment: Under 23 Pa.C.S. § 6108(a)(7), respondents served with a final PFA order must relinquish all firearms within 24 hours. Pennsylvania is one of the strictest states on firearms surrender in DV cases.
- Broad definition of abuse: Pennsylvania defines abuse broadly to include physical, sexual, and stalking conduct, as well as false imprisonment.
- No filing fee: Filing for a PFA order is free. Free legal assistance is available through local legal aid offices and DV organizations.
Rhode Island
Primary statute: R.I. Gen. Laws § 15-15-1 et seq. — Domestic Violence Prevention Act
Rhode Island provides strong domestic violence protections:
- Victims can obtain a restraining order from the District Court or Family Court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a restraining order is a misdemeanor (up to 1 year)
- Rhode Island mandates arrest for domestic violence when probable cause exists
South Carolina
Primary statute: SC Protection from Domestic Abuse Act, S.C. Code § 20-4-10 et seq.
South Carolina provides Orders of Protection under the Protection from Domestic Abuse Act:
- Available against household members, spouses, former spouses, persons who share a child, or persons in a dating relationship
- Emergency orders can be issued ex parte
- Final orders can last up to 1 year and can be extended
- Violation is a misdemeanor punishable by up to 30 days in jail and/or $200 fine (first offense)
South Dakota
Primary statute: SDCL § 25-10-1 — Protection Orders (Domestic Violence)
South Dakota provides domestic violence protections:
- Victims can obtain a protection order from the circuit court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and other relief
- Violating a protection order is a Class 1 misdemeanor (up to 1 year in jail)
- South Dakota has mandatory arrest policies for domestic violence
Tennessee
Primary statute: Tennessee Protection from Domestic Abuse Act, TCA § 36-3-601 et seq.
Tennessee provides Orders of Protection for domestic violence victims under TCA § 36-3-601 et seq.:
- Orders of Protection are available to victims of domestic abuse, sexual assault, or stalking by a family/household member, dating partner, or sexual assault perpetrator
- Emergency (ex parte) orders can be granted without the abuser present, lasting up to 15 days
- After a hearing, orders can last up to 1 year and can be extended
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, and prohibit contact
- Violating an Order of Protection is a Class A misdemeanor (up to 11 months, 29 days in jail)
- TN law prohibits firearm possession by individuals subject to an Order of Protection
Texas
Primary statute: Texas Protective Orders, Tex. Fam. Code §§ 82.001-88.004
Texas provides protective orders through both civil and criminal proceedings:
- Protective orders (Family Code Title 4): Victims can apply for a civil protective order lasting up to 2 years (or longer if the abuser caused serious bodily injury or faces a felony prosecution). Orders can require the abuser to stop all violence, stay away from the victim's home and workplace, and surrender firearms.
- Magistrate's Order for Emergency Protection (MOEP): When an abuser is arrested, the magistrate can issue an emergency protective order at arraignment — before the victim even goes to court. Effective immediately and lasts 31-91 days (Code of Criminal Procedure Art. 17.292).
- Firearms prohibition: A respondent subject to a protective order is prohibited from possessing firearms for the duration of the order (Family Code § 85.022).
- No filing fee: There is no cost to file for a protective order. The court may also order the abuser to pay filing costs and attorney fees.
Utah
Primary statute: Utah Cohabitant Abuse Act — Utah Code § 78B-7-1
Utah provides domestic violence protections through the Cohabitant Abuse Act:
- Victims can obtain a protective order from the court — either through district court (civil) or as part of a criminal case
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protective order is a Class A misdemeanor (up to 1 year in jail)
- Utah has a mandatory arrest policy for domestic violence — officers must arrest the predominant aggressor
Vermont
Primary statute: 15 V.S.A. § 1101 et seq. — Vermont abuse prevention and Relief from Abuse Orders
Vermont provides strong domestic violence protections:
- Victims can obtain a Relief from Abuse Order from the court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a relief from abuse order is a criminal offense with potential jail time
- Vermont mandates arrest for violation of abuse prevention orders
Virginia
Primary statute: Virginia Protective Orders, Va. Code § 16.1-253.1 et seq.
Virginia provides Protective Orders for domestic violence victims under Va. Code § 16.1-253.1 et seq.:
- Available to family/household members, cohabitants, or persons who have a child in common
- Emergency protective orders (EPOs) can be issued by a judge or magistrate and last up to 72 hours (or until the next court day)
- Preliminary protective orders (PPOs) can be issued ex parte and last up to 15 days
- Final protective orders can last up to 2 years and can be extended
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, and surrender firearms
- Violating a protective order is a Class 1 misdemeanor (up to 12 months in jail)
- Virginia law requires law enforcement to arrest for protective order violations
Washington
Primary statute: Washington Protection Order Act, RCW 7.105
Washington provides Protection Orders under the consolidated Protection Order Act (effective July 2022):
- Washington consolidated multiple protection order types into a single statute under RCW 7.105
- Domestic Violence Protection Orders (DVPOs) are available to family members, household members, intimate partners, and dating partners
- Temporary protection orders can be issued ex parte (without the respondent) and last until the full hearing
- Full protection orders can last up to 5 years or be permanent
- Orders can require the respondent to stay away, vacate the home, surrender firearms, attend treatment, and grant temporary custody
- Violating a protection order is a gross misdemeanor (up to 364 days in jail) and can be a felony for repeat violations
- Washington mandates firearm surrender for respondents of DVPOs
West Virginia
Primary statute: W. Va. Code § 48-27-101 et seq. — Domestic Violence Act
West Virginia provides domestic violence protections through the Domestic Violence Act:
- Victims can obtain a protective order against a family or household member
- Emergency temporary protective orders (TPOs) can be issued ex parte — often available 24/7 through magistrate courts
- Protective orders can include no-contact provisions, exclusive possession of the home, temporary custody, and firearms surrender
- Violating a protective order is a misdemeanor with mandatory arrest and potential jail time
- West Virginia law defines domestic violence broadly to include physical, sexual, and psychological abuse
Wisconsin
Primary statute: Wis. Stat. § 813.12 — Domestic Abuse Restraining Orders and Injunctions
Wisconsin provides Domestic Abuse Restraining Orders and Injunctions for victims:
- Temporary Restraining Orders (TROs) can be granted without the abuser present, lasting up to 14 days
- After a hearing, a Domestic Abuse Injunction can last up to 4 years (one of the longest durations in the country)
- Available to victims of domestic abuse by a spouse, former spouse, adult family member, adult household member, or dating partner
- Orders can require the abuser to stay away, vacate the home, grant temporary custody, surrender firearms, and avoid contact
- Violating a domestic abuse injunction is a criminal offense (Class I felony if involving use of a dangerous weapon)
- Wisconsin also offers Harassment Restraining Orders for non-domestic situations (Wis. Stat. § 813.125)
- Child Abuse Restraining Orders are available to protect children (Wis. Stat. § 813.122)
Wyoming
Primary statute: Wyo. Stat. § 35-21-101 et seq. — Domestic Violence Protection Act (orders of protection)
Wyoming provides domestic violence protections:
- Victims can obtain an order of protection from the circuit or district court
- Temporary (ex parte) orders are available and effective immediately
- Orders can include no-contact, exclusive possession of the home, temporary custody, and other relief
- Violating a protection order is a misdemeanor (up to 6 months in jail for first offense)
- Wyoming has a preferred arrest policy for domestic violence
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