A temporary restraining order (TRO) is a court order that requires one party to refrain from doing a specific action. It’s usually associated with domestic abuse, harassment, and stalking cases, and is usually requested by someone who fears that continuing the action by the other party may lead to further harm or damage.
TROs are a powerful tool for providing immediate protection for individuals from further harm. They give law enforcement, courts, and the public the opportunity to immediately intervene if a person is in danger from another individual. An individual can apply for a TRO in criminal or civil court, with the ordering party (the judge) being authorized to issue the TRO without notice to the other party.
Court-ordered TROs mean that the restraining party must keep a certain distance from the protected person and refrain from engaging in any communication with them — whether it be in-person, through text, email, etc. It also orders the restraining party to refrain from any act of violence, harassment, or intimidation against the protected person.
A TRO is unlike a restraining order in civil court, which may require a full hearing before a judge issues an order. In contrast, a TRO can usually be issued in a matter of hours because there is an immediate threat of harm or damage to the individual. Once a TRO is issued, both parties must comply or run the risk of further charges.
When Should Someone File for a TRO?
Generally, courts grant TROs when the petitioner (or plaintiff) can prove that they are in immediate harm from the defendant. TROs are also issued when a petitioner can prove that the defendant has made credible threats of violence or intimidation.
In cases where a TRO is issued, it’s important for both parties to obey the order. Violation of a TRO can lead to charges of Contempt of Court, and a judge could order the defendant to pay a fine, spend time in jail, or take anger management classes.
If you’re in an abusive situation, a TRO can provide a quick and effective way to protect yourself and your loved ones from danger. Filing for a TRO should be done as soon as possible, as the judge must find that an immediate and present danger exists before they can issue an order.