What are the Requirements for a Temporary Restraining Order (TRO)?
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.
Written by Garry Crystal
