Understanding the Temporary Restraining Order and what it Means

Temporary Restraining Order

A Restraining Order is an Injunction, or a  binding judgment to change a behavior. This can be looked at as a form of mediation. When two people cannot come to an agreement, many times there will be what is known as mediator assigned to the people.  This mediator will help the people come to an agreement. It is a little different in the case of a Restraining Order, here there needs to be legal documents filed in order to present the problem you are having to a Judge and get it resolved, or at least prevent it from continuing for a certain time until the matter can be better dealt with.

Generally you would file papers with the court house about the individual, or group and the problems you are having with them.  This is called an Order to Show Cause, and that is exactly what this form does, shows the cause. Here you will indicate the individual you are having problems with, state the cause and action of the disturbances that you are facing and include any proof that you may have to prove your claims.   

You will probably make a couple trips to the court house to make sure everything is in perfect order and that your claims are substantiated.  Once that is complete there are copies that need to be served to the other involved
individuals as well as the Police Departments and other places that may be affected by the stipulations set or requests in the paper work. These papers should include a docket number and an appearance date.  This is the date that you, the plaintiff, and the defendant or other party will be requested to appear in front of the Judge and state your case.

At this time the Judge will go over the claims you, the plaintiff have made. You will be asked several questions and to confirm the various claims in the paper work. The Judge will then address the Defendant and ask about the claims
that have been made against them. This is where the defendant will try to disprove the validity of your statements.

The Judge will come to a decision and decide what length of time, if any ,that an order of temporary restraint needs to be placed in effect. During the period in which the Restraining Order is in effect there will be guidelines and
restrictions that the defendant must adhere to, not following these orders can lead to fines, jail time or both.  

A Restraining Order is not a sure fire order of protection.  To put it quite mildly, the actions taken are not much different then a mother telling her child to go to their room,  it is still up to the child to take the direction. At the time the legal suggestions are been broken then another action would need to be started.  

There are many reasons why a person or business would take the action of filing a Temporary Restraining Order, here are just a few of those reasons:

♦Individual –   Harassment, Domestic Violence, threats of Violence, Physical or Sexual Abuse, Willful squandering of moneys or possessions.

♦Industrial or Business related reasons – Civil and /or Criminal contempt, Disclosure of Sensitive information or Trade Secrets, Infringements of a Patent, Trademark or Copy Write.