If your spouse or partner injures you or anyone in your household, immediately call the police and get yourself and your loved ones safe first, as everyone deserves to feel and be safe no matter what the circumstances are.
If necessary, law enforcement may contact an on-call judicial officer and issue an Emergency Protective Order (also known as an EPO) on the spot.
The EPO can legally prohibit your spouse from coming within a certain distance of you. It may also grant you temporary custody of your children, and bar your spouse from the family home. An EPO remains in effect for up to five court days, or seven calendar days, whichever is earlier. To obtain a longer-term restraining order, you would need to file for a Temporary Restraining Order (also referred to as a TRO) from your local court.
There are no filing fees at the court house when it is in regards to domestic violence unlike other court applications. Absent fear of great bodily injury or irreparable harm, the restraining order would need to be served to the other side. You can utilize a process server, the sheriff’s department, or a neutral third-party not related to the case to serve the order so long as he/she is over the age of 18.