A restraining order costs nothing in most domestic violence cases and typically runs $50 to $450 in filing fees for other situations. Hiring an attorney is what pushes the total higher, adding roughly $1,000 to $5,000 for a straightforward case. So the honest answer to how much a restraining order costs comes down to two questions: is the case a domestic violence matter, and are you going to hire a lawyer?
Domestic Violence Cases Are Free by Federal Law
If your situation involves domestic violence, dating violence, stalking, or sexual assault, you should pay $0 at every stage. The Violence Against Women Act requires any jurisdiction receiving federal STOP grant funding to waive all costs tied to filing, issuing, serving, registering, modifying, or enforcing a protective order. Every state accepts this funding, so the no-fee rule applies nationwide.1Office of the Law Revision Counsel. 34 USC 10461 – Grants
The waiver is broad. It covers the initial petition, the court’s issuance of the order, service on the other party, registration in another state if you move, later modifications, and enforcement.2eCFR. 28 CFR Part 90 – Violence Against Women If a clerk tries to charge you for any of these steps in a qualifying case, point to the VAWA requirement and ask to speak with a supervisor.
Civil Harassment Filing Fees
When the person you want restrained is a neighbor, coworker, acquaintance, or someone else you have no domestic relationship with, the VAWA waiver doesn’t apply. Filing fees for civil harassment petitions vary by jurisdiction and commonly fall between $50 and $450.
Even within civil harassment cases, many courts waive the fee if the petition alleges threats of violence or stalking, regardless of the relationship between the parties. Ask the clerk about a waiver before paying anything.
Serving the Papers
After a court issues a temporary order, the paperwork has to be physically delivered to the restrained person before the judge will hold a hearing on a longer-term order. In domestic violence cases, law enforcement handles service at no charge under the same VAWA waiver.1Office of the Law Revision Counsel. 34 USC 10461 – Grants
For civil harassment orders, or when you’d rather not go through the sheriff, private process servers generally charge $20 to $150 per attempt. Rush delivery, hard-to-find respondents, or repeated attempts push that higher, and someone actively dodging service can run costs into the several hundreds. The server files a sworn affidavit confirming delivery, which the court needs before the hearing.
Attorney Fees
Legal representation is the biggest variable in what you’ll spend. Plenty of people file and argue their own cases. Protective order forms are designed to be completed without legal training, and clerks can answer procedural questions. That keeps the total at or near zero for a domestic violence petitioner. The tradeoff is preparing your own evidence and presenting your case under pressure.
Hiring a lawyer changes the math. Hourly rates for family law and civil litigation attorneys typically run $150 to $500 depending on the market and experience. A straightforward protective order hearing usually takes five to fifteen hours of legal work counting the consultation, document prep, evidence review, and hearing. Total attorney cost for a typical case lands somewhere between $1,000 and $5,000. Contested or complex cases run higher.
Flat-fee arrangements exist and give you cost certainty; these commonly fall between $1,500 and $5,000 for a complete case through the permanent hearing. Limited-scope representation, sometimes called unbundled legal services, is another option worth asking about. You hire the lawyer for one piece of the case, like reviewing your petition or appearing at the hearing, and handle the rest yourself. It cuts costs substantially compared to full representation.
Free and Low-Cost Legal Help
If you can’t afford an attorney, the options go beyond going it alone:
- Legal aid organizations in every state provide free representation to low-income individuals, with domestic violence cases getting the highest priority.
- Local domestic violence advocacy organizations often have staff advocates or volunteer attorneys who help from filing through the hearing.
- The National Domestic Violence Hotline (1-800-799-7233) can connect you with local resources.
- Many county bar associations run pro bono programs or reduced-fee panels for protective order cases.
Fee Waivers for Low-Income Petitioners
Even when the VAWA waiver doesn’t apply, you can ask the court to waive filing fees based on financial hardship. Courts call this a “fee waiver,” “in forma pauperis,” or an “application to proceed without prepaying fees.” You submit a sworn statement of your income, expenses, and assets, and a judge or clerk decides whether you qualify.
Thresholds vary, but waivers commonly go to people who receive public benefits like SNAP, SSI, or Medicaid, or whose income falls below 125% to 150% of the federal poverty level. A successful waiver eliminates filing fees and often covers service of process. In federal court, it can also cover costs like printing the record on appeal or preparing hearing transcripts.3Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
Because you’re signing under penalty of perjury, be accurate. If the judge denies your request, you pay the standard fee; there’s no penalty for asking.
Costs That Don’t Show Up on the Fee Schedule
The court’s fee list doesn’t capture everything. Certified copies of the signed order run a few dollars per page plus a certification fee, and you’ll want several: one for yourself, one for work, one for your child’s school, and one to keep on you. Copying evidence and exhibits for court adds another $20 to $50.
The indirect costs hit harder for many people. Hearings happen during business hours, which means lost wages if your employer doesn’t offer paid court leave. Childcare, transportation, and parking add up over multiple appearances. For families juggling hourly jobs, these can rival or exceed the legal fees.
If You’re the One Being Restrained
The respondent’s cost picture is different. There’s no filing fee for responding to a petition someone else filed, but most family law attorneys strongly recommend hiring a lawyer to defend against one. A restraining order on your record can affect custody, firearms rights, employment, and housing applications.
Attorney costs for the respondent mirror the petitioner’s — roughly $1,000 to $5,000 for a typical contested hearing, more for complex cases. Respondents generally can’t access VAWA fee waivers or domestic violence legal aid programs. If the judge grants the order, some states allow a further order that the respondent reimburse the petitioner’s attorney fees and court costs on top of their own legal bill.
Can the Other Side Be Ordered to Pay?
Fee shifting is possible in protective order cases. Many states give judges authority to order the restrained person to pay the petitioner’s attorney fees, filing costs, and service charges when the petition is granted. Some states require a finding that the respondent can afford to pay; others allow it whenever the petitioner prevails. Don’t count on it when budgeting, but raise it with your attorney if the other party has the means.
Fee shifting cuts both ways. If a court finds a petition was filed without a reasonable basis or for an improper purpose, the petitioner can be ordered to cover the respondent’s legal costs. Filing a protective order as a tactical move in a custody fight or personal dispute carries real financial risk.
What Renewal Costs
When an order approaches its expiration date, you can petition the court to renew or extend it. In domestic violence cases, the VAWA waiver covers modifications and renewals, so extending the order shouldn’t cost anything.2eCFR. 28 CFR Part 90 – Violence Against Women For civil harassment orders, some jurisdictions charge a new filing fee at renewal, though many treat renewals more favorably than initial filings. You’ll also need to serve the other party with notice of the renewal hearing, which triggers service costs again unless law enforcement handles it.
Total Cost at a Glance
- Domestic violence order, self-represented: $0 in most cases. Filing, service, and related costs are waived by federal law.
- Domestic violence order with an attorney: $1,000 to $5,000 or more, depending on whether the case is contested. Legal aid may cover this entirely.
- Civil harassment order, self-represented: $0 to $500, mainly filing fees and service costs. A fee waiver can eliminate most of this.
- Civil harassment order with an attorney: $1,500 to $6,000 or more, combining filing fees, service, and legal representation.
These ranges assume a reasonably straightforward case. Contested hearings with extensive evidence or multiple court appearances push costs higher. On the other end, a domestic violence petitioner who qualifies for legal aid and has law enforcement serve the order can get through the entire process without spending a dollar.