A temporary restraining order (TRO) is a court order used to stop harassment, stalking or other illegal actions. It is effective for a short time and specifies how close a person can get to another. TROs are common in divorce cases, child abuse, and harassment at work. Making a TRO permanent requires sufficient evidence and court review. It is important not to violate a TRO, even if unjustified, and wait for a court appearance to tell one’s side of the story.
A temporary restraining order (TRO) is an order issued by a judge in an attempt to stop a person from harassing another person or group of people. TRO is only effective for a short time, usually no more than a month at most. This is because, in most cases, only a request from one person is needed to get the order. For it to become permanent or semi-permanent, a court must hear not only the party who wants someone else to leave them alone, but also the person accused of assault, harassment, stalking, or other potentially illegal actions.
The TRO usually specifies exactly how close a person can get to another person without violating the order. The person against whom it is issued may be required by court to stay at least 100 feet (30.48 m) away from someone else, not be on shared property, or not show up at someone’s home or workplace. Each order is different and at the discretion of the judge.
There are a number of reasons people may seek a temporary restraining order. They are very common in divorce cases where domestic violence has occurred or was alleged. When sexual or physical abuse of a child has occurred, the spouse who was not involved in the abuse may apply for a TRO or be advised by agencies such as Child Protective Services to obtain one as a first step towards ending of the custody rights of the abusive parent. People who have experienced harassment at work or have been threatened with violence by others can also apply for protection. Because courts tend to grant these restraining orders on a somewhat liberal basis, they are often quite easy to obtain.
Making a temporary restraining order permanent is a little more difficult. The court must hear both sides of a case and there must be sufficient evidence to continue to support the order. The court may also exercise the right to review the order at a later date if the person against whom it is issued meets certain conditions, such as attending domestic violence classes or receiving treatment for drug or alcohol addiction. Often, standing orders need to be reviewed and have an expiration date. The person who originally requested the order must renew it once it has expired.
There are instances where a person will seek a restraining order against someone who poses no threat. This can be a harmful means of trying to imply that a spouse or someone close has been abusive. If a person is subject to a restraining order that he believes is unjustified, it is very important that the person does not justify the order by violating it. The order serves an important purpose because the police usually respond immediately to its violation. As difficult as it may seem to wait, it is important for the subject to do so and wait for a court appearance to tell their side of the story and hopefully prevent the TRO from becoming more permanent.
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