A lot of people stay in dangerous situations because they think they have no choice. They believe that if their partner’s name is on the lease or mortgage, the law is on that person’s side. It’s not.
Courts can issue what’s called a protective order — sometimes called a restraining order or a domestic violence restraining order (DVRO). One of the most powerful things a protective order can do is force an abusive person to leave a shared home, regardless of whose name is on the paperwork.
There are generally two ways to get one. The first is through civil court. As the Los Angeles County District Attorney’s office explains, a victim can go to a courthouse on their own and request a civil protective order. You don’t need to wait for police to act. You don’t need a lawyer. You just go.
The second way happens through criminal court — but only if your abuser has already been charged with a crime. In that case, according to the New York State Office for the Prevention of Domestic Violence, the district attorney can request an order of protection on your behalf.
In North Carolina, for example, the NC Judicial Branch lays out the full process for getting a protection order and connects victims with additional resources and rights. Most states have similar systems — the details vary, but the core option exists nearly everywhere.
If you need one fast, courts can sometimes issue a temporary emergency order very quickly — sometimes the same day — to get you immediate protection while a longer-term hearing is scheduled.
You don’t have to figure this out alone. Domestic violence advocates at local shelters and hotlines can walk you through exactly how the process works in your state, and many will even go to court with you.