What Is a Temporary Restraining Order and How Do You Get One? 

Also known as a "TRO," a temporary restraining order is a court order that limits someone from taking a specific action. A TRO is enforced by police or court officers and is often used in situations involving immediate threats or harm, such as domestic violence or harassment. It provides temporary protection until a more permanent legal resolution is reached.

What Is a TRO?

The TRO meaning refers to a Temporary Restraining Order, a type of legal injunction that restricts the actions of an individual or business. Because individual rights are primary in the U.S., the bar is high for requesting and getting permission for a TRO. There are several types of TRO, and they may have different names in various states across the country. Rules about TROs vary by state, but they follow some general principles. Depending on where you are, a TRO may refer to an injunction, a protective order, or a restraining order.

What Is a TRO in Law?

A TRO is a civil injunction that carries criminal penalties if violated. Protective orders are most common in domestic abuse situations in which one person fears violence. Violating a protective order is generally a criminal offense, but the offense's severity is determined on a case-by-case basis. 

Are TROs Public Record?

Whether a TRO shows up in court records depends on the case and the venue: family court records that include protective orders are not always available to the public due to privacy issues (particularly when juvenile children may be named). Police records are more likely to divulge information about restraining orders if a person is arrested for violating one. People records that show a person's address, place of business, and assets may turn up a restraining order as part of court or arrest records.

The state of Connecticut makes this distinction: a protective order may be issued against someone who is part of a criminal trial and who has been stalking, harassing, or threatening. This type of protective order lapses when the trial ends. At the same time, the state reserves restraining orders for domestic situations in which one person threatens or abuses another who is also part of the same family group.

What Are Common Conditions for TROs?

Different types of TROs or protection orders apply to different situations. Some of the common conditions for obtaining a TRO include:

• Imminent threat of harm: If there is a clear risk that the petitioner could be harmed without immediate legal intervention.
• Harassment or stalking: TROs are frequently used to protect individuals from repeated unwanted contact, harassment, or stalking.
• Domestic violence: In cases of domestic abuse, TROs can prevent an abuser from approaching or contacting the victim.
• Property disputes: TROs can stop one party from selling or damaging shared assets in situations like divorce or business disputes.
• Cease and desist: TROs can function as cease and desist orders to prevent harassment in workplace or community settings.

These orders are intended to provide immediate relief until a more permanent solution, such as a full court hearing or a permanent restraining order, can be arranged.

TROs in Different Legal Contexts

Examples of TRO include a couple considering divorce when one partner seeks to sell a property they own. The other partner can request an injunction or TRO to prevent the sale until the divorce court determines the second partner's share (if any) in ownership. 

A TRO can also be a cease and desist order that restrains a person from harassing a coworker or visiting a site (store, school, neighborhood) where they are a nuisance. TROs can be issued in a range of civil or domestic scenarios to prevent further harm until a court hearing.

Temporary Restraining Orders in Divorce Cases

Certain TRO provisions are automatically triggered during a divorce proceeding. Generally, when a couple files for divorce and is waiting for their hearing, there is an automatic injunction preventing both from selling assets or making other moves that the divorce process governs.

In cases of high conflict, a partner may request a TRO to prevent the sale of shared property or other financial moves that could affect the outcome of the divorce proceedings.

Who Can Get a TRO?

Anyone who can prove an immediate need for a TRO to a judge may receive one. The standard is "a preponderance of the evidence," meaning that the evidence favors the petitioner, which is lower than what is necessary for a trial.

Courts generally expedite emergency orders (outside the regular docket schedule, which can take months). The petitioner must reasonably prove that they are in immediate danger of irreparable harm. An initial order is temporary, about 10-14 days, depending on the jurisdiction. A hearing determines whether the order should be extended or made permanent. The hearing allows both sides to be heard, and the judge or magistrate determines the need for an extension.

What Are the Requirements for a Restraining Order?

In order to obtain a TRO, the following restraining order requirements must be met:

• The petitioner must demonstrate that there is a credible and immediate threat of harm, harassment, or illegal action.
• Proof of the emergency situation must be provided, which can include documented evidence, witness statements, or police reports.
• The petitioner must show that without the TRO, they would suffer irreparable harm that cannot be undone by monetary compensation or legal action after the fact.
• The case must meet the jurisdiction's criteria for what qualifies as an eligible situation for a TRO (e.g., domestic violence, harassment, business disputes).

How Do You Get a Restraining Order? 

In order to get a TRO, follow this process:

1. Find or download the correct paperwork from the correct court. Most injunctions not concerning physical violence or threats are civil and therefore handled in district court, perhaps by a magistrate. Ask the clerk's office to confirm the correct venue.
2. Compile proof that the injunction is the only way to prevent irreparable harm.
3. Attend the preliminary hearing and present evidence of the emergency nature of your petition.
4. Carry the order with you in case of a violation (call the police immediately). If the situation has not improved by the time the TRO lapses, apply for an extension or a permanent restraining order.

Further consequences can follow a domestic abuse order or personal protective order. In many states, the petitioner can seek to have the defendant's firearms removed. A felony-level protective order violation will also appear on a person's criminal record for years.

How Long Does a Restraining Order Last?

The length of a temporary restraining order depends on the location where it was issued. In some places, it can be as short as five to seven days; in others, it's two weeks to a month. The U.S. Constitution compels courts to act swiftly on these matters; they do not want to limit a person's liberties unnecessarily, so they try to determine the urgency and legitimacy of a TRO as quickly as possible. In Massachusetts and Pennsylvania, a TRO lasts about ten days. In California, a TRO lasts up to 25 days.

It's essential to understand your state's laws about harassment and abuse, which restraining orders seek to end. A court will only issue restraining orders with significant evidence, and a court will take a violation of a restraining order seriously.

Many restraining orders result from personal relationships: within families or acquaintances. Still, others can limit the ability of businesses to conduct operations until the legality of their actions is investigated.

Can You Get a TRO Against Someone Outside of Family?

Protective orders, which seek to block an individual from violence against a domestic partner or family member, are usually not the same as a TRO. Restraining orders or injunctions may be called different things in different states. For instance, in California, there is a civil harassment restraining order that orders one person to stop stalking, threatening, or harassing another, but they don't have to be in the same family.

A TRO is usually a civil injunction, while a protective order can be a criminal injunction, particularly if it's part of another case. Various types of protective orders apply against someone outside of family: a protective order (also known as a restraining order in some states) can affect coworkers (but in many states, it must be requested by the employer), classmates, or neighbors. A TRO can be issued to stop a business from a specific action, such as digging a pipeline through an environmentally sensitive area.

FAQ

What Should You Do When There's a TRO Against You?

If a TRO is issued against you, it’s essential to carefully follow the terms laid out in the order. Violating a TRO can lead to criminal charges. The first step is to review the TRO in detail and seek legal advice to understand its full implications. You should also prepare for the upcoming court hearing, where you’ll have the opportunity to present your side of the case. It’s important to gather evidence and work with an attorney to challenge the order if it is unjustified.

What If a Restraining Order Conflicts With Another Court Order?

If a restraining order conflicts with another court order, such as child custody or visitation rights, you must inform the court immediately. Courts are responsible for resolving conflicts between legal orders. You or your attorney can file a motion to modify one of the orders or request clarification from the court to ensure that you comply with all legal obligations without conflict.

What Does TRO Stand For in Business?

In the business context, TRO stands for Temporary Restraining Order. TROs in business often relate to disputes over contracts, intellectual property, or preventing actions like the sale of assets, destruction of evidence, or unauthorized competition. They are commonly used to maintain the status quo until a more permanent legal resolution can be reached.

Does a Temporary Restraining Order Go on Your Record in California?

Yes, in California, a temporary restraining order (TRO) may appear on your record, especially if the TRO is associated with an arrest or violation of the order. Even though a TRO is a civil order, if it leads to criminal charges (e.g., for violating the terms of the TRO), it can result in a criminal record. It’s important to comply fully with a TRO to avoid any criminal penalties or long-term consequences on your record.