Temporary Restraining Orders

A temporary restraining order is one in which the judge prohibits a person from acting in a particular way. The person who raises the complaint has to have evidence of the offensive behavior, and the judge must agree that the behavior should be prevented. The offensive activity can be a variety of behaviors. For example, if a person is being harassed or put in dangerous situations, the offended party may order a temporary restraining order.

It is important to note that a court hearing is unnecessary for a temporary restraining order. In fact, the judge may make the decision without the knowledge of either of the involved people. The main stipulation is that the judge must have evidence of the offensive act and order that it be prohibited for a certain allotment of time. Sometimes a person will request a temporary restraining order without any reasonable grounds. Usually, the motive behind this action is not charitable toward to other party since it raises suspicions toward the blamed party. Therefore, it is most likely in the best interest of everyone involved that the offended party verifies the harmful behavior before actually bringing it to a judge's attention.

Extending a Temporary Restraining Order

The stakes are raised if the offended party wants to make the order a permanent restraint. Even in restraining orders, the restraint is generally not intended to be permanent. When the amount of time is up for a given temporary restraining order, the offended party may have to request the continuation of the order if he or she still feels threatened. When a person wants to lengthen a temporary restraining order, both parties must be present—and give a defense—in court. The offended party must have evidence of the harmful behavior, and the judge must make the final decision.

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