Search thousands of topics on CostHelper.com

BROWSE ALL TOPICS >> appliances babies & children  cars  consumer electronics health & personal care home & garden personal finance  pets  schools small business weddings
CostHelper > Personal Finance  > Legal > Restraining Order

Restraining Order Cost


How Much Does a Restraining Order Cost?

 
low costEmergency Protective Orders: Free average costRestraining Order: $100-$400 high costRestraining Order & Legal Advice: $1,000+
post E-mail post Post  

A restraining order, also called an order of protection, is a court-ordered directive for someone to meet certain conditions or to not do specific things. If the conditions of the directive are not met, legal consequences are applicable. Restraining orders are typically used to give legal protection to victims of domestic violence, harassment or stalking. Although state laws vary, there are three general types of restraining orders: emergency protective orders, which law enforcement officials obtain, and temporary and permanent restraining orders, which the public obtains.

Typical costs:

  • Emergency protection orders are free. For example, when police are called to the scene of a domestic violence incident, the responding officers may choose to contact a judge directly and request an immediate protection order for a victim.
  • Temporary restraining orders are typically the first protection order a victim can request. When filing for a permanent restriction order, a judge will decide immediately whether a victim may need a temporary order in place. Many courts waive filing fees for victims of domestic violence or stalking. Victims of workplace harassment typically are responsible for filing fees. Filing fees vary by state, but generally cost $100-$400. For example, in Santa Cruz, CA, the court charges $345 for filing for protection in a workplace or civil matter, but domestic violence, stalking and elder abuse victims file for free. In Santa Fe, NM[1] , filing for a protection order costs $122. A permanent restraining order is put in place through a court hearing in front of a judge. Generally, a victim will have already paid or requested a waiver for court filing fees at the time of a hearing.
Related articles: Attorney Fees, Legal Name Change, Security Guard

What should be included:
  • Judges tailor restraining orders to each individual situation. Restraining orders are commonly used to order someone to stay a certain distance from an alleged victim's home, workplace or children. Restraining orders also can be used to restrict a person from leaving a state with children or from possessing a firearm. Lawyers.com provides general information on various types of restraining orders[2] and the process of obtaining them.
  • Although specific requirements vary by state, to obtain a restraining order, a victim must prove an abuser has caused or threatened physical harm.
Additional costs:
  • Modifying, extending or nullifying a protection order may require addition trips to court. An attorney will typically charge $90-$500 per hour for general legal services.
  • Lawyers are not required for a restraining order hearing, but if children are involved or if the restraining order might be disputed, consulting a lawyer is recommended. Initial consultations with a lawyer are typically free or low-cost ($25-$50.) After the initial visit, expect to pay $90-$500 per hour for an attorney's time. Expect to pay for a minimum of five-10 hours of time when hiring an attorney for a restraining order hearing, which will cover both preparation and time in the courtroom. Five-10 hours of an attorney time can cost $450-$5,000.
  • Court reporter fees might be incurred during a protection order hearing. Typically stenographers and court reporters charge $5-$10 per page. The U.S. Court of Federal Claims[3] recommends charging $8.25 per page as of 2008.
Discounts:
  • Most states waive fees for restraining order that protect victims of domestic abuse, family harassment and stalking. Fee waivers are typically granted to recipients of state aid such as food stamps or cash aid.
  • The American Bar Association provides a consumers' guide[4] to finding legal help which includes free legal aid.
  • Some states put the responsibility of handling court fees on the offender. For example, in Texas[5] , the offender is responsible for paying for any fees associated with obtaining a protective order, unless he/she shows good cause or is indigent. If the restraining order is denied, the costs are the responsibility of the petitioner.
Shopping for a restraining order:
  • The Connecticut Network for Legal Aid offers a list of things petitioners should know[6] before asking for a restraining order.
  • WomensLaw.org, a website provide legal information to victims of domestic abuse, has state-by-state information[7] and overviews about obtaining restraining orders.
post E-mail post Post  
CostHelper News


10 Key Ways to Prepare for Extreme Snow
Forecasters are predicting a true nor'easter will hit the eastern and central states with rain, thunderstorms, ice, snow and high winds over the Thanksgiving weekend. It's crucial to plan ahead, before bad weather hits. || Posted November 26 2013


10 Most Popular Cosmetic Procedures Before the Holidays
With reunions and other get-togethers scheduled during the holiday season, most people want to look their best at this time of year. For some, that means filling in those wrinkles with a bit of botox, or having a nip and tuck down here and there. || Posted November 23 2013

‣ All CostHelper Blog Posts


What People Are Paying - Recent Comments


 

Comment On Your Experience With a Restraining Order
 
Subject:  *
Amount Spent:  *
Lawyer: Type of Restraining Order: 
Comments: 
Purchased:  Year: 
City:  * State:  *
 
Information about you:
Email:  * Email addresses are not displayed.
Name:  This is the name we'll display with your post.
me on this computer
*=required field.
 



External Resources:
  1.  /firstdistrictcourt.nmcourts.gov/Forms/pdf/TRO%20Packet.pdf
  2.  criminal.lawyers.com/Criminal-Law-Basics/Restraining-Orders.html
  3.  www.uscfc.uscourts.gov/court-reporting-fees-change-september-5-2008
  4.  apps.americanbar.org/legalservices/findlegalhelp/home.cfm
  5.  /www.oag.state.tx.us/victims/protective.shtml
  6.  ctlawhelp.org/self-help-guides/how-to-restraining-protective-order
  7.  www.womenslaw.org/laws_state_type.php?statelaw_name=Restraining%20Orders&state_code=FL
More Personal Finance Topics
Check Out All Costs for Personal Finance How Much Do Funeral Flowers Cost? How Much Do Tax Returns Cost? How Much Does Closing a Home Cost?

Search Thousands of Topics on CostHelper.com




Today's Featured Cost Articles

About CostHelper
CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community
24hour locksmith
Paid: 115.00
This is a crooked company.24 hour locksmith in Omaha ne... [more]
-stuart
Locksmith Cost
A very long driveway! 50 YARDS
Paid: 40.00
Gave a $10 tip, so a total of $50. He ran truck thru driveway and hand shoveled the sidewalks, deck and steps. I tried to get a head start last night -but overnight the drifts grew to 5 and 6 feet or more... [more]
-Tuffy
Snow Removal Cost
Geo-Thermal
Paid: 0.00
We purchased a home built in 1992 with a Geo-Thermal. We were so excited, now we are Not impressed. Yes it is quieter, but the savings are not significant. Every year we have an issue and very few companies work on them... [more]
-LISAM
Geothermal Heat Pump Cost
Oil burner prime
Paid: 80.00
This seems like a lot of money to prime an oil burner. A task that takes 5 minutes and a bill for $80... [more]
-Mark Stevens
Furnace Tune-up Cost
Tummy tuck
Paid: 0.00
I'm a 46 yr old beautiful woman I only look about 35 I'm often mistaken for my 25 yr old sons wife however I'm fairly thin and fit but my tummy is large & sagging and gives me a huge complex I've done exercise dieting the rest of me ge... [more]
-Ahagg
Tummy Tuck Cost
Interpreter
Paid: 200.00
$200 was the best money ever spend in hiring Albanian court interpreter Mr Oliver Kici to interpret for a deposition my mother had on December of 2014 Having a professional interpreter made a huge difference on the way the deposition was h... [more]
-Edmond
Interpreter Cost