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domestic violence

Domestic Violence Temporary Restraining Orders

A domestic violence temporary restraining order (TRO) is a court order that prohibits a person from contacting, threatening or coming within a certain distance of, another person. TROs may be issued for domestic violence, stalking, harassment, or other forms of abuse.

To obtain a TRO, you must file a request with the court. The request must state the facts of the case and why you need the TRO.  The court will then hold a hearing to decide whether to issue the TRO.  The court may also issue a TRO before the hearing to protect you and others between the time you file and the time of your hearing. 

If the court issues a TRO, it will typically order the person who is the subject of the TRO to do the following:

  • Stay away from the person who filed the petition, and others, if applicable
  • Not contact the person who filed the petition
  • Move out of a shared residence
  • Not remove any of their belongings from the shared home
  • The court may also make orders regarding child custody and visitation if requested, or for the protection of family pets, if requested.
  • Not possess any firearms

 

A TRO is typically valid for a limited period of time. However, the court can extend the TRO and can also make the restraining order permanent after a hearing, which usually means a period of 3 or 5 years.

If you are a victim of domestic violence, you should contact the police or a domestic violence shelter to get help. You can also file a petition for a TRO on your own. However, it is important to speak with an attorney to discuss your options and to get help navigating the legal process.

Here are some tips for getting a domestic violence temporary restraining order:

  • Gather evidence of the abuse. This could include police reports, photographs, text messages, or emails.
  • Be prepared to testify in court. The court will want to hear from you about what happened and why you need the TRO.
  • Have a support system in place. It is important to have people who can support you through the legal process.
  • Don’t be afraid to ask for help. There are many resources available to help victims of domestic violence.
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