A temporary restraining order (TRO) is an order issued by a judge in an attempt to keep one person from harassing another person or group of people. Unlike the term restraining order, which implies a much longer time period in which a person so ordered to keep away from someone else, the word temporary says it all. The TRO is only effective for a short period of time, usually lasting no more than a month at most. This is because in most instances, one person obtains the temporary restraining order. For the order to become permanent or semi-permanent, a court of law must hear from not only the party who wants someone else to leave him or her alone, but also needs to hear from the person who is accused of violence, harassment, stalking or the like.

The TRO usually specifies exactly how close a person can get to another person without violating the order. The person against whom the temporary restraining order is issued may be obligated by the court to stay at least a hundred feet away from someone else, to not be on shared property, or to not show up at someone’s home or workplace. Each order is different and up to the judge’s discretion.

There are a number of reasons why people may seek a temporary restraining order. Obtaining one is very common in divorce cases where domestic violence has occurred. When sexual or physical abuse of a child has occurred, the spouse who has not been involved in the abuse may seek a TRO, or be advised by agencies like Child Protective Services to obtain one in a first step toward ending custodial rights of the abusive parent. A person who has been harassed at work, or who has had threats of violence made to them by another person may also try to obtain a TRO. Since the courts tend to grant these restraining orders on a somewhat liberal basis, they are fairly 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 uphold a restraining order. The court can also exercise the right to review the order at later points in time, if the person against whom the order is issued complies with certain conditions, like attending domestic violence classes or getting treatment for drug or alcohol addiction. Often permanent orders must be reviewed and have an expiration date. The person who originally sought the order must renew it once it expires.

There are instances where one person will ask for a temporary restraining order against someone who poses no threat. This can be a malicious means of attempting to imply that a spouse or someone close has been violent. If another person issues a TRO against you that is unjustified, it is very important not to justify the order by violating it. The temporary restraining order serves an important purpose because police will usually immediately respond to its violation. As difficult as it may seem to wait it out, it’s important to do so, and wait for a court appearance to tell your side of the story and hopefully prevent a TRO from becoming a more permanent restraining order.