Temporary Restraining Order (TRO)
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What is a Temporary Restraining Order (TRO)?
A Temporary Restraining Order (TRO) is a court order that serves the purpose of physically, verbally and mentally protecting a person who is being abused by another person or party.
Temporary Restraining Orders are filed after an “ex parte” order given by a court appointed judge. This requires the victim to complete a filing with the court. It gives the abuser official notice of the TRO while providing him/her an opportunity to share their side of the story during a “Order to Show Cause” which take place at court approximately 15-20 days after a TRO is filed. The judge will determine whether or not a permanent restraining order should be filed.
How Does a Temporary Restraining Order Protect a Victim?
A temporary restraining order protects a victim by requiring the abuser to REMAIN AT LEAST 100 YARDS AWAY FROM THE VICTIM AT ALL TIMES. It is also against the terms of a TRO for the abuser to contact the victim in any way, shape or form. And under some circumstances it can prohibit the abuser from purchasing a firearm.
Although this does not guarantee the future actions of the abuser, it allows for legal documentation to occur. As a result of legal documentation and court ordered terms, a victim can feel and be much safer.
What Will Happen If Someone Breaks the Terms of a Temporary Restraining Order
Breaking the terms of a temporary restraining order is illegal. By law, any person or party found breaking the terms of a restraining order is subject to arrest. Look into our restraining order penalties page for more information.
Who Can a Restraining Order Be Filed Against?
It can be filed against a spouse, ex-spouse, parent of a child, boyfriend, girlfriend, family member, landlord, tenant, company, business, or anyone else that a victim may be harmed by.
More Information About Temporary Restraining Orders
- TROs are usually filed after an “ex parte” order given by a court appointed judge. This requires the victim to complete a filing with the court, and it gives the abuser official notice and provides him/her an opportunity to share their side of the story in court.
- TROs can be granted on the same day as filed.
- The TRO will stay in effect for 15-20 days, or until the court-ordered hearing “Order to Show Cause” in order to evaluate the situation with allowing both parties to present themselves in court and tell their side of the story.
- If the abuser violates the terms of the TRO, it is up to the victim to notify police.
- During the “Order to Show Cause” the TRO may is subject to being modified or canceled, and it is also possible that it becomes extended to a permanent Restraining Order.
Specific criteria must be met in order for a temporary restraining order to be issued by a judge. One requirement is having the likelihood of irreparable harm without an adequate legal remedy.
Our restraining order attorney in Los Angeles can provide you with any type of services regarding restraining orders. Contact us now for restraining order filing services in Los Angeles, California. You may also visit our help desk for free information about filing a restraining order and more!