Temporary Restraining Orders


Temporary Restraining Orders (TRO) Are common in family law cases. TROs can be used to establish and maintain the status quo of the between the parties or to provide an example on how the court expects the parties to react to each other. TROs can set out the terms of possession for the children, how child support will be paid and who will temporarily pay the monthly bills. TROs can keep the parties from wasting or hiding marital assets by putting restrictions on the use of property. TROs may deal with even how the parties are allowed to talk about each other around other people (especially the children). TROs are only good for 14 days unless extended by the court for a good reason. One reason a TRO can be extended past the initial 14-day period is if the respondent has not been served before the 14 days has elapsed. Or, the TRO can be extended through agreement of the parties. Most often, a court will set the hearing on the TRO inside the 14-day period. At the hearing, the court will decide whether the TRO becomes a temporary order that will last until the case is final. If the parties can agree to temporary orders, it makes the case easier and most cost efficient. When this happens, it is usually the result of negotiations either between the lawyers and the parties or as a result of mediation. If the parties cannot agree to temporary orders either through informal negotiations or through mediation, discovery can be sent between the parties, and the court will hold a hearing at which testimony and evidence are taken. The court will determine the boundaries of the temporary order. This can add a lot of expense to the case.


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