Overview: A Temporary Restraining Order (TRO)

By Abbas Chahine Candidate for Business Marketing, CSULB College of Business 2024

Introduction

 If you or someone you know is experiencing domestic abuse, stalking, harassment or finds themselves in a potentially threatening relationship, you may want to consider filing for a
Temporary Restraining Order (TRO).  This is a brief summary of obtaining a TRO, but it should be noted that there are different types of restraining orders that vary in each state, so individuals are encouraged to seek legal guidance if warranted.
 

What is a Temporary Restraining Order?

As the name suggests, a Temporary Restraining Order (TRO) is a short-term legal order issued
by a court to protect an individual from potential harm or harassment. Designed to prevent
specific threatening behaviors, a TRO can be a critical first step in legally protecting oneself
from immediate danger.

Key Characteristics:

  • Typically lasts 10 to 25 days
  • Issued by a court without the other party present
  • Provides immediate legal protection
  • Leads to a full court hearing for a long-term order

How a TRO Can Help

A TRO can impose various restrictions for your protection:

  • Personal Contact Prevention
  • Prohibit all forms of direct and indirect communication
  • Block contact through phone, text, email, and social media
  • Prevent communication via third parties
  • Physical Proximity Restrictions
  • Mandate specific distance from home, workplace, or school
  • Require the restrained person to leave a shared residence
  • Protect multiple locations important to your safety
  • Additional Protections
  • Limit child custody interactions
  • Prevent financial harassment
  • Prohibit weapon possession
  • Block employment interference

Step-by-Step Guide to Obtaining a TRO

  1. Gather Critical Evidence
    1. Collect documentation:
      1. Text messages and emails
      2. Police reports
      3. Medical records
      4. Witness statements
      5. Prepare to clearly explain why you need protection
  2. Filing the Petition
    1. Visit local county courthouse or court clerk's office
    2. Request and complete a restraining order petition
    3. Provide detailed personal information
    4. Describe specific threatening incidents
    5. Pro Tip: Most courts offer free assistance in completing forms, and there are typically no
      filing fees.
  3. Partial Hearing
    1. Meet with a judge without the other party present
    2. Present your evidence and explain your reasons
    3. Initial hearing is typically brief (15-30 minutes)
    4. Lower standard of proof focused on immediate risk
  4. Temporary Order Issuance
    1. If approved, court immediately issues the TRO
    2. Order includes specific restrictions
    3. Law enforcement typically serves the order to the restrained person
  5. Full Court Hearing
    1. Both parties present their case
    2. Judge decides on long-term restraining order
    3. Potential order duration: several months to years
  6.  Enforcement
    1. A restrained person must be officially served; again, law enforcement usually does this.
    2. Law enforcement ensures understanding of order
    3. Violation can result in immediate arrest and criminal charges

Conclusion

Obtaining a temporary restraining order is a brave and critical step toward reclaiming your
personal safety. While the process may seem daunting, remember that the legal system
provides these protections to shield individuals from harm.
Your Safety Matters:

  • Trust your instincts
  •  Seek support
  • Know that taking action is an act of courage

Additional Information

California Resources:

California Courts - Restraining Orders

Los Angeles County District Attorney Office (PDF)

WomensLaw.org

National Resources:

  • National Domestic Violence Hotline
  •  Phone: 1-800-799-SAFE (7233)
  •  Crisis counseling and safety planning
  • RAINN
  • Phone: 1-800-656-HOPE (4673)
  • Online support and resource connections
  • American Bar Association
  • Pro bono legal service referrals
  • Domestic violence resources
  • VictimConnect Resource Center

  • Helpline: 1-855-4-VICTIM (484-2846)

     

Disclaimer: This guide is for educational purposes only. Always consult with a legal professional for personalized advice specific to your situation.