The cost of a restraining order depends almost entirely on what kind you’re filing. If you’re seeking protection from domestic violence, dating violence, sexual assault, or stalking, federal law makes the whole process free: no filing fee, no service fee, no registration fee. For other protective orders, like a civil harassment case against a neighbor or coworker, expect a filing fee somewhere between $100 and $450, plus $30 to $200 to have the papers served. Hiring an attorney is the wild card. A simple case with a flat-fee lawyer might run around $1,500; a contested hearing with hourly billing can climb into several thousand.
Why the Type of Order Changes the Price
Courts recognize several categories of protective orders, and the category decides whether you pay anything to the court at all. Domestic violence orders cover a spouse, ex-partner, co-parent, or close family member. Civil harassment orders cover neighbors, coworkers, acquaintances, or strangers. There are also elder abuse orders and workplace violence orders filed by an employer on behalf of an employee.
The line that matters for cost: domestic violence and stalking orders are free to file under federal law. Civil harassment orders and other non-covered types usually require a filing fee. If you’re not sure which category fits your situation, the court’s self-help center can point you to the right paperwork at no charge.
The Federal No-Fee Rule
Under the Violence Against Women Act, any state or local government that receives VAWA grant funding has to certify that it does not charge victims for filing, issuing, registering, modifying, enforcing, or serving a protective order in cases involving domestic violence, dating violence, sexual assault, or stalking.1Office of the Law Revision Counsel. 34 U.S. Code 10450 – Costs for Criminal Charges and Protection Orders In practice, that covers every state.
If a clerk tries to charge you for one of these orders, you can point to 34 U.S.C. § 10450 and ask for the fee to be waived. This is the piece of the process most people don’t know about. You should not be paying the court anything to file a domestic violence or stalking protective order.
Filing and Service Fees When Fees Do Apply
For orders outside the federal no-fee rule, there are two upfront charges: filing and service.
Filing fees for civil harassment restraining orders vary widely, roughly $100 to over $450 depending on the jurisdiction. Some courts set the fee based on the type of relief you’re requesting; others charge a flat rate for all civil filings.
Once you file, the papers have to be formally delivered to the other party. This step is called service of process. A sheriff’s department typically charges $30 to $75. A private process server runs $50 to $200 but often delivers faster. In some counties, a friend or colleague over 18 who isn’t part of the case can serve the papers for free.
Renewals work similarly. Domestic violence orders can generally be renewed at no cost for the same reason the original filing is free. Other order types may require a new filing fee at renewal. Ask the clerk before your current order expires.
Fee Waivers If You Can’t Afford to File
Even when a filing fee applies, you can ask the court to waive it by submitting a fee waiver application, sometimes called a request to proceed in forma pauperis.2United States Courts. Fee Waiver Application Forms Courts generally approve waivers in three situations:
- You already receive government assistance such as SNAP, Medicaid, SSI, or TANF.
- Your household income falls below a set threshold, often 125% or 150% of the federal poverty guidelines. For 2026, 150% of the poverty level for a single person is $23,940 a year, or about $1,995 a month.3U.S. Department of Health and Human Services. 2026 Poverty Guidelines – 48 Contiguous States
- You’re above the threshold but can show that paying the fee would prevent you from affording basic necessities like food or housing.
The application asks for details on your income, expenses, assets, and any benefits. Courts usually rule on the waiver quickly, often at the time of filing.
Attorney Fees and When a Lawyer Is Worth It
Plenty of people file restraining orders without an attorney, and the courts are set up for that. Self-help centers walk you through the forms, and in domestic violence cases a victim advocate can often sit with you at the hearing. For a straightforward case with clear facts and no dispute over custody or property, you may not need a lawyer.
An attorney becomes more useful when things get complicated: the other party has hired counsel, children are involved, you need temporary custody or exclusive use of the home built into the order, or you expect the other party to fight the order hard. Hourly rates for this work typically run $150 to $500 depending on experience and location. Some attorneys offer flat fees, starting around $1,500 for a simple uncontested matter and climbing significantly for a full contested hearing with evidence disputes.
Ask about billing structure before you sign anything. Hourly, flat fee, or retainer (an upfront deposit drawn down as work is done) all behave differently as the case drags on. A contested hearing that spans multiple court dates can easily push total legal fees into several thousand dollars.
Free Legal Help
If a private attorney is out of reach, several options exist. Legal aid organizations funded through the Legal Services Corporation provide free representation to people with low incomes, and many specifically handle domestic violence protective orders.4USAGov. Find a Lawyer for Affordable Legal Aid Local bar associations run pro bono programs that pair volunteer attorneys with people filing protective orders. Domestic violence advocacy organizations often have legal advocates on staff who can help with paperwork, prepare you for the hearing, and in some cases represent you.
Even if you don’t qualify for free representation, many courts run free self-help workshops for protective order filings that walk you through the paperwork step by step. Quality varies, but in most mid-to-large jurisdictions they’re genuinely useful.
Other Costs to Budget For
Courthouse fees are only part of the picture. Attending hearings means time off work, and not every employer offers paid leave for court appearances. Some states require employers to give time off for domestic violence proceedings, but not all guarantee that the time is paid.
Smaller out-of-pocket costs add up too: transportation, parking, photocopying documents for the court and the other party. If your case goes to a contested hearing and you later need a transcript, court reporters typically charge $4.50 to $7.00 per page for certified copies. A one- or two-hour hearing can produce a transcript bill of a few hundred dollars.
In cases involving children, a judge may order a custody evaluation, which can run $1,000 or more. The court usually splits that cost between the parties based on ability to pay. Expert witnesses, when they’re needed, charge $350 to $500 per hour depending on specialty. These expenses are uncommon in a typical restraining order case but can appear when custody disputes overlap with the protective order.
Getting the Other Party to Pay Your Costs
In many jurisdictions, the judge can order the restrained person to reimburse your court costs and attorney fees when granting the protective order. It isn’t automatic. You have to ask for it, usually on the petition form or at the hearing, and the judge will look at whether the restrained person can actually afford to pay.
In domestic violence cases, some states go further and direct judges to order the restrained person to cover the petitioner’s costs unless they can show real inability to pay. The reverse is also possible: if a judge finds a petition was filed frivolously or in bad faith, the petitioner can be ordered to pay the respondent’s legal fees. That result is rare, but filing a baseless restraining order can backfire financially.