Restraining Order Cost: Average Fees Explained

A restraining order, also called a protective order or protection order depending on the state, is a court order that limits contact between two people. What you pay depends on three things: the type of order you ask for, the court that handles it, and whether you hire a lawyer. The court filing fee is only one piece of the bill.

This guide covers the main costs: the filing fee, the cost of serving papers on the other person, and attorney fees. It is cost information only, not legal advice. For questions about your situation or which order to request, contact a licensed attorney or your local court's self-help center.

Filing fees vary by court and by the kind of order. Orders tied to domestic violence, stalking, or similar conduct are free to file in many states, while orders against neighbors, coworkers, or other people outside the family can carry a fee. The two examples below show how different the amounts can be from one state to the next.

San Joaquin County in California lists a filing fee of $435 that applies only if a temporary order is denied and no fee waiver is granted, per San Joaquin Superior Court. Snohomish County in Washington lists $83 when a fee is charged, per Snohomish County WA. Both courts can waive the fee for people who cannot pay. Because the rules differ by county as well as by state, check your own court's fee schedule.

After you file, the other person must be formally notified. This step is called service of process, and it usually costs extra. You can usually have the sheriff serve the papers or hire a private process server.

A sheriff's department typically charges $30 – $75, and a private process server typically charges $50 – $200, according to LegalClarity. Some counties allow another adult who is not part of the case to serve the papers, which can reduce the cost. Courts often waive the service fee for people with approved fee waivers or when the case involves violence, so ask the clerk.

You do not have to hire a lawyer to file a restraining order, but many people do when the other side is likely to contest it. Attorney costs are the largest and least predictable part of the total.

LegalClarity lists attorney hourly rates of $150 – $500/hr, with flat fees starting at $1,500 for a simple uncontested matter. Southern California rates are higher: My Rights Law Group lists $500 – $1,200/hr and flat fees of $1,500 – $25,000 for representation through the permanent hearing. That second source is a law firm's blog, so treat its figures as one firm's market view. Rates in your area may be lower or higher.

• Type of order. Domestic violence and stalking orders are treated differently from civil harassment orders in many states.
• Your court. Fees are set locally, and counties in the same state can differ.
• Whether the other side contests it. A contested hearing means more attorney time.
• Service method. A sheriff and a private process server cost different amounts.
• Fee waivers. Income-based waivers can remove the filing and service fees.

Start with the court's self-help center, which can explain the forms and the fee schedule at no charge. Ask the clerk about a fee waiver before you pay, because courts often decide waivers when you file. Legal aid organizations and domestic violence advocates help many people file without paying a lawyer. If you hire an attorney, ask for a written fee agreement and whether a flat fee or hourly billing makes more sense for your case.

If you are in immediate danger, contact local emergency services first. Cost questions can wait.