A restraining order is an order that is issued by a court that restricts one individual from contacting or harming another individual. In general, this is accomplished by requiring the individual either to engage in, or not engaging in, a certain act.
One example of this would be a restraining order that requires one individual to maintain a specific distance, for example, five hundred feet, from another individual. The length of a restraining order may range from several days to several years.
Individuals who violate a restraining order may face criminal penalties for failure to follow it. The terminology used for restraining orders may vary by state.
A restraining order may also be referred to as a protective order in certain states but not in other states. In addition, there are different types of restraining orders that can be issued, depending on the circumstances.
The most common types of restraining orders are those that are issued to restrict an individual from physically harming another individual. There are, however, other types of restraining orders that may be issued to prevent emotional or economic harm.
Restraining orders are most commonly used in cases that involve:
In addition, restraining orders may be issued to protect more than a single individual. For example, restraining orders may include other individuals, such as:
- Family members;
- Friends;
- Children, for example, with a child protection order;
- Businesses; or
- The general public.
The majority of restraining orders are issued as a result of an individual who is seeking protection from immediate harm. It is not common for a prosecutor to request a restraining order.
It is also not common for a judge to issue a restraining order on their own without a request being made. There are, however, some situations in which a restraining order may be issued without an individual requesting or needing protection.
One common example of this would be a divorce case in which the court automatically issues a restraining order that requires both of the parties not to spend, destroy, sell, or otherwise dispose of any marital property. This order would be in place until the divorce was finalized.
What Is a Temporary Restraining Order?
A temporary restraining order is required in certain family law cases, especially those cases that involve domestic violence or abuse. A temporary restraining order, also referred to as a TRO, is a type of restraining order that is issued at the beginning of or during a trial until a permanent restraining order can be enforced after the trial concludes.
A TRO helps to secure the plaintiff’s safety by preventing the defendant from approaching them within a distance that is specified in the order.
How Long Are Temporary Restraining Orders Good For?
A temporary restraining order will remain in effect until an order to show cause hearing. At this hearing, the court will review the need for the order and determine if a long-term restraining order is necessary.
TROs typically have a set expiration date. If not, they will last until the hearing.
There are some states that place limits on how long restraining orders can last but will allow courts to issue longer orders, depending on the circumstances. In addition, either of the parties may ask the court for a hearing to extend, remove, or modify the restraining order.
What Is a Temporary Restraining Order Bond?
In some cases, a defendant wins their case and it may be concluded that the temporary restraining order was not necessary. In these cases, it may also be determined that the defendant actually suffered economic losses due to being subject to the TRO, which may include lost wages or lost family time.
In order to prevent these types of losses to a defendant, a court may require a plaintiff to pay a bond that is referred to as a temporary restraining order bond, or a bond on temporary restraining order. This is similar to a down payment that the plaintiff pays when the TRO is issued.
It may also be referred to as a temporary restraining order surety bond. This type of bond is very different from a bail bond.
If the plaintiff wins the case, their TRO bond payment will be returned to them. If, however, the defendant was unjustly or wrongly restrained by the TRO, their losses will be compensated with the TRO bond payments.
TRO bond payments are not issued in every proceeding. Instead, they are determined on a case-by-case basis, considering various factors in addition to the likelihood that the defendant will prevail in the case.
TRO bonds may be used in federal courts and state courts.
Are There Any Legal Issues Associated with Temporary Restraining Order (TRO) Bonds?
In the majority of jurisdictions, temporary restraining orders are discretionary. As discussed above, in certain cases, a bond may be required.
It is typically up to the court whether or not to order the bond. This is in contrast to other types of relief, for example, preliminary injunctions, where bonds are mandatory.
If an individual has been restrained from engaging in certain conduct, or is the subject of the TRO, they may motion the court to have a bond set to release the TRO that is placed against them. In this instance, the defendant can motion the court to vacate the TRO and, if that is denied, they can ask the court to set a bond amount to release it.
If an individual seeks to cancel the TRO bond, they will have to submit evidence of cancellation to the surety company. This evidence should demonstrate that the court has either issued a permanent injunction or has discontinued the temporary injunction.
How Do I File a TRO Bond? How Does It Work?
The first step for obtaining a temporary restraining order bond is to contact a reputable surety bond company. The surety company will file the documents as well as apply for the bond.
It is important to note that the surety company will perform a background investigation on the applicant as well as the case because TRO bond amounts expose underwriters to higher risk compared to other types of bonds. Every situation and case is unique and the underwriting criteria can vary widely depending on the type of case, size of the bond, and the financial capacity of the principal, or individual applying for the bond.
The surety company may need the principal to demonstrate that the TRO is necessary for the case. The individual applying for the bond may be required to present court orders containing information about the case, which may include personal financial statements, and a copy of the bond requirement from the court.
What Is a Defendant Injunction Surety Bond?
Defendant injunction surety bonds are essentially the opposite type of surety bond to the TRO bond. In certain cases, a defendant may be the party who is requesting the TRO or injunction for protection against the plaintiff.
In these types of cases, a defendant may be required to pay a bond to secure against any losses that may be caused to the plaintiff as a result of the TRO.
Do I Need a Lawyer for Assistance in Getting a Temporary Restraining Order?
If you have any issues, questions, or concerns related to temporary restraining orders or TRO bonds, it is important to consult with a restraining order lawyer. Your lawyer can advise you of the process and the laws in your jurisdiction.
If you need immediate protection, it is important to contact your local law enforcement. Your lawyer can assist you with requesting a restraining order if needed.
Your attorney will also represent you when you appear in court and provide you with guidance throughout the trial process.
