What are the Requirements for a Temporary Restraining Order (TRO)?
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A temporary restraining order is a court appointed order that prevents one person from harming another. It is usually granted in cases of domestic violence, but it can also be used in cases involving threatening behavior or to stop an abusive parent from having contact with his or her children. The requirements for a temporary restraining order fall into different categories. A temporary restraining order can only be given to one person. A further temporary restraining order must be taken out for each additional person to be restrained.
In cases of domestic violence, the order is usually called a domestic violence restraining order. The person seeking the temporary restraining order must pay a filing fee to the court. The person filing should also be aware that while the order is in effect, there can be no contact between the person asking for protection and the person who has filed the order.
A temporary restraining order can last anywhere from a week up to a year. Once the temporary restraining order has been issued, there will be another hearing for the person who has been served. This allows the judge to hear both sides of the argument.
A temporary restraining order document includes a number of boxes that must be ticked by the court regarding the behavior that is to be prohibited. This may include behaviors such as harassing, striking, threatening, stalking, and attacking. Behavior such as telephoning a person, destroying personal property, sexual assault, and contacting a person through a third party may also be included.
A temporary restraining order is no guarantee that the abuse will not continue. However, if the abuse does continue, then the proper authorities, such as the police, will take the situation a lot more seriously. A person who has ignored a temporary restraining order can be placed in jail and charged with a criminal offense.
Although not strictly necessary, a lawyer's advice is usually warranted when seeking a temporary restraining order. If the person seeking the order does not show up on the court date, the case will be immediately dropped. Once the order is issued, someone who is 18 years or over and is not involved with the case must serve the papers on the person to be restrained.
The person who is to be restrained does not have to show up at the court case hearing. Once a temporary restraining order has been put in place, only a judge can cancel the order. However, all restraining orders have a time limit that is set by the court.
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21
I'm 16 and my boyfriend is 19. his mom doesn't like the fact that i'm young and dating her son. just a few days ago my mom gets a call from his mom saying she is putting a restraining order on me just because i'm 16 and she thinks all we do is have sex. I'm young and not ready to have sex. My question is can she put a restraining order on me just for that reason? He doesn't want a restraining order put on me. we want to be together despite our age differences. - anon48775
20
i am 15 and my sister is 11 and she is extremly violent she abuses me, threatens me and tells me she hates me. she has physically and mentaly absed me since i was 10 and she was 6. this isn't a joke. i really want a way to keep her away from me before i try to get her back. i honestly want to kill her sometimes. she is the reason i joined my church to help me. so is there anything i can do? - anon47346
19
my girl friend got sent a restraining order from her husband and in there it said i was not allowed to be around their son. it also said she had to move out but he is not on the lease. the lease was changed before she was served. - anon44219
18
me and my friend have been friends for 4-5 years. well this last year things went bad. we live in the same place and she called my kids names, tells other kids to call me names and every time i go to the pool, she is telling other people there that i'm a crack whore. i would love to know what i can do about this. now she wants to post signs up about me. anyone have any ideas? - anon41674
17
I live in Virginia and would like to know if I can get a restraining order against my boyfriend's ex wife who lives in Wisconsin. She and her friends are constantly harassing me. - anon36341
16
I would like to know if I live in Texas and want to file a TRO against a person in California, is it possible? She had been texting and calling us nonstop. Now, she moved to emailing my husband. Please help! - anon35216
15
I live with my friend and her two kids. The father is a deadbeat dad and hit her the other night in the parking lot when picking up the kids. She hit him back. Her current boyfriend and I heard the scuffle from my room but didn't see the incident. She didn't call the cops to file a complaint against him. I sent him a text message basically stating if he ever put his hands on her again, that I would break his neck. Which is an empty threat since he has about a foot on me and 200lbs. He was very calculated in his response and didn't admit that he did anything. He said he would have the police come out to find whoever did this. Since she didn't want the police involved I ended up backpeddling saying that nothing happened. He has now contacted a lawyer and will be filing a restraining order against me.I am an inspector and cover a lot of houses in his neighborhood. I also live with his children. What can I do to fight this and what are my rights for the state of MD? - theatregrl
14
my live in boyfriend and I were arguing one night and he misinterpreted what i had said to him. I jumped on top of me and pinned me down so that i couldnt move, on our bed. The police were not called, and he volunteered to move out and continue to pay the rent and watch our children so that I could work. This was less than a week ago. He is continuously threatening me that He is going to do things to make me lose my job. Do I still have grounds to get a restraining order even tho the cops were not called and I never filed one the next day? - anon24630
13
A 10yr order--what act would give that by a judge. - anon7890
12
I had a similar situation I had an affair with a married women I met while working. Her husband found out and went cookoo so she broke it off. I sent a letter to him explaining what happened and then to her apologizing. She filed for a restraining order probably forced into it by her pathetic husband. She came up with a slew of lies saying I posted ads on the net looking for her, I have always known where she lives we had an affair for pete sakes. Now I am left with the question, should I waste my time with her desperate acts or fight it. I was told by the sheriffs department in her own town that an ex parte is smoke and mirrors and if I am not wanting to contact her anymore I shouldn't waste my time. I am filing one against her as well due to her sending my fiancee a letter. I personally find it a little immature, she took the risk off having the affair now face getting caught. If you couldn't handle people knowing then you should have never done it. - molaw08
11
I need to know the requirements to keep someone away from my 6 month old daughter. this lady already has charges against her for physical violence and drunkenness. and i personally believe she is mentally unstable.... what do i need to do to get a TRO against her? - anon4801
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Can lawyers and judges be trusted to do the right thing when I'm innocent of the charges in the restraining order? I hear judges make too many mistakes on these cases and push people to lose their minds? I believe in my innocence, I don't believe in lawyers and the system. - anon4689
9
I was wonder I believe i was mislead about the restraining order I took out my my children's father. we had a physical argument which i started and the police told me I must go down to the court and file. this is not what i wanted. i just wanted us to take a break for a few days or weeks. how can i cancel the order? - anon3531
8
Ok so I have an ex that just threatened to kill me via text message....can i go to the police with that? I saved the message, here is what it said "if that girl your dating does anything to my couch i will kill you." I really don't think that she will do anything, but she has been bothering me ever since we split up. Was thinking this was the way to go to protect myself/her. Keep me from doing anything stupid, and keep her away from me. Thoughts? - tates55
7
2 TRO questions:
1) Can I get a restraining order against someone in another state who is harrassing me and my family?
2) If my wife requested in writing that a certain person not contact any of us, and if he did, should my wife file for a TRO because she was the one who asked him not to contact us to harass us? Is it better for me to send him a letter as well asking not to contact us? - anon2720
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what do i need to prove to the court that the restraining orders against me are all being done maliciously? - anon2610
4
jharding,
I think you're right in assuming that seeking out someone whom you have a restraining order against will weaken your case. If this person is such a threat to you that you need a restraining order, then I don't think you should go see them. On the other hand, if you have things you want to communicate to them, maybe you shouldn't have a restraining order.
figueroar01, Restraining orders are not actually all that easy to get, so if all you've done is call twice and email once they would have to be very violent or threatening interactions to justify a restraining order. Don't worry, she can't get one just because she wants one--she has to prove that you are a danger to her. If that's not the case, then she's just wasting her time.
Good luck to you both - anon2606
3
Not sure if you can answer this question so here goes. I find out that my husband and another woman over my house last year. She is pregnant and due, of coarse nine months later. I contacted her husband and spoke with him regarding my concerns and we had both suspected something was 'off' with their friendship. Now this woman in threating me with a restraining order if I contact her or her husband. I am very upset that she would try to 'shut me up' with this threat. I have only contact her husband twice via phone and one via email. She called me and instead of having a dialogue it became a monologue. Then she tells my husband that I was the one being rude and disrespectful. Well that's besides the point. What I would like to know is on that ground in the state of Virginia, does he have to pursue a restraining order? I have never threatened her with any form of harm, I am not going out of my way to call them, or anything like that. I believe she is upset that I would question paternity of her child and therefore she feels she need to 'shut me up'. This does seem like 'high school' issues however, I would like to ensure I have protected myself against any attempt to fraudulently obtain a restraining order against me. - figueroar01
2
If i have a Tro on someone and a court date is in a few days. And i would like to go visit that person to say my last words my piece of mind, would that make my restraining order get dropped in court? - jharding
1
TROs are different in various states. I would like to know what the requirements are for the state of Maryland. - janaah
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Written by
Garry Crystal
Last Modified: 14 October 2009
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