Steps to Obtain a TRO Show Cause: The petitioner must demonstrate why no other remedy is available to prevent the harm. Court Decision: The court will evaluate the urgency of the matter and decide whether to issue a TRO. It is usually granted within 72 hours if the court is convinced of the urgency.
If you need protection right away, take your forms to a court clerk. Some courts allow online filing, also called efiling. You can find out if your court has online filing by visiting your court's website.
You can ask the judge for a TRO by filing a Motion for Temporary Restraining Order, Temporary Injunction, and Temporary Orders. You must also file an affidavit or statement made under penalty of perjury that explains why the TRO is necessary and why you cannot wait for the temporary orders hearing.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Relationship: You must have a qualifying relationship with the person you are seeking protection from. This can include family members, spouses, partners, or individuals you have dated. Acts of Abuse: You need to demonstrate that the person has engaged in acts of harassment, abuse, or violence towards you.
Step-by-Step Guide to Obtaining a TRO Gather Critical Evidence. Collect documentation. Filing the Petition. Visit local county courthouse or court clerk's office. Partial Hearing. Meet with a judge without the other party present. Temporary Order Issuance. Full Court Hearing. Enforcement.
Notice of Court Hearing (CH-109) Tells you when your court date is and whether the judge granted a temporary restraining order in your case.
Notice of Court Hearing (form CH-109) This form tells you when you need to go to court. You have a court hearing (court date) because the person listed in number 1 has asked for a restraining order against you.
Temporary Restraining Order. (CLETS-TRO) (Domestic Violence Prevention) DV-110.
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.