Explanation of a Temporary Restraining Order

by Jon Seidel

Overview

When the actions of a person or a group of people are causing harm to others, it may be necessary to seek a temporary restraining order, or a TRO, to put a stop to it until the parties can take their case to court.
What is a Temporary Restraining Order

A temporary restraining order is a preliminary order from a judge to cease and desist an activity until a conflict can be sorted out in the courtroom. They are usually issued when a judge can't immediately hold a hearing on a subject, but there is potential for harm to a victim if an activity is allowed to continue in the meantime.

Who needs a TRO?

Most temporary restraining orders are issued in domestic abuse cases when one person is harassing or threatening to harm another. They also may be issued in civil lawsuits when a plaintiff is trying to halt the activity of another person, group of people or agency.
How Do You File for a TRO?

To obtain a TRO, the person or group of people seeking it must show the need for immediate legal protection. While exact procedures may differ by state, a person can seek a temporary restraining order by visiting the local superior court clerk. Because the orders are temporary, they are often issued the same day they are sought.
How Is It Enforced?

A TRO gives police greater power and inclination to intervene in domestic issues if someone decides to violate the terms. A judge can also hold a person in contempt for violating the TRO.
What Happens Next?

A temporary restraining order will usually expire within a few weeks. A judge will hold a hearing to listen to the relevant facts in a case. If that judge decides the TRO was warranted, she can issue a permanent injunction to halt the activity that is causing the harm.

Overview