Restraining Orders

On the most basic level, a restraining order is that type of injunction or court order that prohibits a defendant from doing certain things to a plaintiff.

Temporary Restraining Orders
Restraining orders, and particularly the temporary restraining orders ("TRO") granted on an ex parte basis without the defendant having to appear in court, are primarily used in cases of domestic violence but are also relevant to cases involving physical or sexual abuse, stalking and even corporate espionage. Although every state offers the relief a restraining order provides, exactly how the plaintiff will go about obtaining the order and exactly what the order can forbid the defendant from doing will differ from state to state.

Content of TRO
Although each restraining order will have the same basic function, a specific order's content will be unique and will depend on the situation the plaintiff is trying to control. The most common provisions found in restraining orders include those for keeping the defendant away from the plaintiff (the "stay away" clauses), those for ordering the defendant to stop hurting the plaintiff (the "cease abuse" clauses) and those for ordering the defendant not to get in touch with the plaintiff (the "no contact" clauses). Restraining orders can, however, be extremely versatile and can also include provisions regulating matters like monetary support payments, child visitation rights and exclusive use situations.

Granting TRO
A TRO is almost always granted upon a plaintiff's initial application to court as the order's primary objective is to safeguard the plaintiff. It's possible that the defendant will not even be aware of the initial court application, but he or she will be given ample opportunity to state their case at the hearing that will be scheduled to determine whether the TRO should be made permanent. During this hearing, and after review of all applicable evidence, the judge will decide whether to finalize the temporary order.

Although restraining orders are necessary legal tools, they are, unfortunately, open to abuse during the prosecution of contentious divorce cases.

This article is not, and is not intended to be, legal advice, and the information given therein should not be relied upon as such.

If you are in need of legal advice regarding restraining orders, contact the attorneys at Will & Will Law Firm.