A temporary restraining order is a legal document a judge issues before a trial to stop some from taking certain actions for a specific time frame. They are common in situations involving harassment or stalking, in order to protect the person who is on the receiving end of the behavior.
Read the rest of this article to find out more about temporary restraining orders, such as when they are usually issued, how you can get one, and how a lawyer can help you during the process.
When are Temporary Restraining Orders Issued?
Temporary restraining orders are issued when one party wants to gain protection by stopping another party’s behavior. They are most commonly issued in the following cases:
- Domestic violence
- Stalking
- Harassment
- Sexual assault
- Property destruction
- Threats or intimidation
Temporary restraining orders aren’t always issued to protect one person, but can also help to protect family members, children, businesses, and/or the general public.
What Can a Temporary Restraining Order Do?
A temporary restraining order can help you in various ways, such as:
- Forcing the subject of the order to keep away from you (at a specifically defined distance), your residence, and/or your workplace.
- Forcing the subject of the order to maintain a specific distance from friends or family members.
- Forcing the subject to not commit prohibited acts, such as intimidation or harassment.
- Protecting the victim’s property, such as if the subject is guilty of previously threatening or damaging their assets.
- Prevent communication via third parties.
- Blocking all contact with the victim.
How Do You Get a Temporary Restraining Order?
If you need a temporary restraining order, you’ll have to prove to the judge that you’re in danger of the person’s actions. In order to get one, you’ll have to already have an open case in the court.
Here are the steps to follow to get a temporary restraining order.
Step 1: Visit your courthouse or download a court form from their website. You might need to have a copy of your ID for verification.
Step 2: Include details of your situation in the application form. Explain how you’re in danger if you don’t get the temporary restraining order and that it would be risky to wait for the full hearing.
You can include evidence to strengthen your case, such as emails, police reports, and/or photos.
Step 3: Sign and submit the form, which might require a fee to be paid. After you’ve applied for the temporary restraining order, the judge will review it.
How Long Does a Temporary Restraining Order Last?
Temporary restraining orders can last for around a few days to a few weeks, but in some U.S. states they can be indefinite.
Should You Hire a Lawyer for a Temporary Restraining Order?
If you want to file a temporary restraining order, you can benefit from hiring a lawyer on ContractsCounsel, an online legal network connecting clients with vetted lawyers with several years of experience.
Here’s how a lawyer can help you.
They’ll Explain the Laws and Processes
With their expertise and legal knowledge, a lawyer will explain all the applicable laws and how to go about filing for the temporary restraining order. They’ll inform you of what the court requires so that you can complete a successful application.
They’ll Prepare all the Required Documents
It’s not always easy to complete the application process. A lawyer will check all documents and gather evidence to support your case.
They’ll Inform You of What to Expect
Being in the situation of needing a temporary restraining order can be stressful. A lawyer will guide you on the process, including what happens after the temporary restraining order is served. They’ll let you know what to do if the other party violates the restraining order.
They Represent You
At your follow-up hearing, your lawyer can represent you in court. They’ll be able to guide you through all the legal proceedings.
They Can Help Your Business
If your business is at risk of the other party’s behavior, such as if they’re using your intellectual property or using defamation to destroy your reputation, a lawyer will be able to draft important documents such as cease-and-desist letters to stop the harmful conduct.
Can You Get a Temporary Restraining Order After Court Hours?
Since a temporary restraining order can be required during emergency situations, you don’t have to wait for court hours to apply for them. In such cases, you can get a temporary restraining order by calling or going to your local police station.
The other party doesn’t need to be present, of course, but you still need to show evidence that you are in danger. For example, in domestic abuse cases, it can be helpful to explain the situation and provide police reports or other documents and communications that show the person is a threat to your safety.
When your temporary restraining order is granted, the other party will be served with the paperwork and will be prohibited from making contact with you.
You might be able to turn your temporary restraining order into a final restraining order. This can be granted by the courts if a temporary restraining order is not enough to grant the person protection. Final restraining orders don’t have to last forever as they can be resolved at a later stage.
How Can You Hire a Lawyer for a Temporary Restraining Order?
When you need an urgent temporary restraining order, you might struggle to find a reputable, professional lawyer, especially if you don’t know any good lawyers in your area.
On ContractsCounsel, you can connect with a vetted lawyer with years of experience in assisting clients with temporary restraining orders.
To start the process, you’ll post a project for free on the platform, receive multiple lawyer bids, and choose the lawyer you want to work with. You’ll be able to view lots of information to help you make your decision, such as the lawyers’ years of experience, fields of expertise, and credentials.
By reviewing ContractsCounsel’s lawyer research, you’ll be able to quickly choose a lawyer to help you draft a temporary restraining order so that you don’t waste time and can minimize your risks
