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Can you get a protective order when your loved one has a mental illness?

If you or your loved one is in danger right now, call 911.

You can also call or text 988 any time, day or night.

The short answer

Yes. You can ask a court for a protective order even when mental illness is part of what is going on.

If your loved one threatened or hurt you, you can ask a court for a protective order. Some states also let families ask a court to remove guns for a while.

What kinds of orders are there?

  • Protective or restraining order. This orders your loved one to stay away or stop contact. Names differ by state.
  • Extreme risk or gun order. This temporarily removes guns when someone is a danger to self or others.

An order is a legal tool, not treatment. You can ask for both safety and care.

What can you do now?

  1. Call 911 if you are in danger now.

  2. Call the National Domestic Violence Hotline to plan for safety.

    What this step unlocks: a private safety plan and local advocates, 24/7.

  3. Write down what happened, with dates. Keep texts and photos.

    What this step unlocks: evidence the court needs.

  4. Go to your county courthouse self-help center, or use your state hub below.

    What this step unlocks: the right form and court for your state.

  5. Move guns out of the home if you can. Otherwise lock them unloaded, with ammunition stored separately.

    What this step unlocks: lower risk while you wait for court.

  6. Tell the court about the mental illness and ask what treatment options exist.

    What this step unlocks: Some judges can request treatment options in addition to the court order.

Don't. Don't stay in the home to "keep the peace" if you are afraid.

Where can you find help in your state?

Illinois | Wisconsin | DC | Maryland | Virginia | California

Related: when a loved one hurts someone and a family safety plan.

This is general information, not legal or medical advice.

FAQ

Q: Can I get a protective order when my loved one has a mental illness?

Yes. You can ask a court for a protective order even when mental illness is part of what is going on.

Q: Can family ask a court to remove guns?

In some states, yes, through an extreme risk or gun violence order.

Q: Will a protective order get my loved one treatment?

Not by itself. Some judges can request treatment options in addition to the court order.

Q: Who can help me make a safety plan?

The National Domestic Violence Hotline, 24/7, at 1-800-799-7233.

Sources