The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
If you are seeking a family violence Protective Order, the law requires that you prove family violence has occurred and family violence is likely to occur in the future. If you are seeking a stalking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of stalking.
In most cases, a Protective Order will last up to 2 years. There are some situations where a court can issue an order that lasts longer than 2 years. Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process.