Temporary Restraining Orders

Temporary restraining orders are Superior court orders that are granted to protect one party from real or threatened harm caused by another party. Temporary restraining orders are sought by the victim or on behalf of a victim in cases involving a minor. The person seeking temporary restraining orders becomes the petitioner in the eyes of the legal system and the other party becomes the respondent. Temporary restraining orders are granted in the jurisdiction where one or both of the parties resides. Each jurisdiction has specific provisions that apply to temporary restraining orders.

Temporary restraining orders can be sought regardless of whether or not an arrest has been made with respect to the incident(s) at hand. In order to obtain a temporary restraining order, the petitioner must show a need for such legal protection. In many cases a temporary restraining order can be obtained on the same or following day especially in cases where a victim may be in immediate danger. Before temporary restraining orders go into effect, it is necessary that the respondent be informed of the provisions of this legal order.

Temporary restraining orders are usually issued until such time when the Superior court is able to hold a special hearing. During this hearing, the Superior court judge will decide whether or not to extend the protections offered by the temporary restraining order and determine if further legal action is appropriate. During this hearing both parties will have the opportunity to explain to the court why further restraining order protections should or should not be granted. This hearing usually takes place two to three weeks after temporary restraining orders are granted.

There are a few types of temporary restraining orders which can be sought, depending on the specific circumstances surrounding a case. Harassment temporary restraining orders can prevent another party from threatening or carrying out harassment against the petitioner by ordering the respondent to stay away from specific places and refrain from particular actions. Harassment can involve threats or action involving physical, mental, or psychological abuse including intimidation and other unwarranted actions intended to harass another party.

Temporary restraining orders can also be sought in domestic abuse or child abuse cases. Domestic abuse temporary restraining orders are typically granted when the court is presented with evidence that shows immediate danger posed to the victim. Domestic abuse involves any threat or action involving physical pain, physical injury or illness, sexual abuse, or property damage. Domestic abuse is perpetrated against an individual who has or once had a romantic or dating relationship, shares a child with, resides with, is related to, or provides care to the victim. There are several acts committed against a minor which may constitute necessary cause for child abuse temporary restraining orders. Temporary restraining orders can also be sought in cases involving real or potential abuse against a vulnerable adult. Temporary restraining orders may be granted with payment of a fee to the court which can be waived in some cases. For more information on temporary restraining orders, you may wish to contact a qualified legal professional.

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