I am sometimes asked to differentiate between a temporary restraining order, a TRO, and a final restraining order. A temporary order, like a temporary restraining order, is an order that a party is able to get from a court in joining, preventing, or forcing another party to do or not do some legally required act.
That temporary order will stay in place until the court has had an opportunity to hear both sides, and to have a trial on the issue if they deem this to be necessary. At the conclusion of the trial, if the court finds that sufficient, factual basis exists, it can order a final order, a permanent injunction, or a permanent restraining order, or adjoining someone from doing or not doing a particular act because failure to do so could lead to irreparable harm to the other party. That’s the nature of the order. That’s the reason why people need to go to court because it’s an exigent circumstance.
Certain orders of protection can be handled within family court as long as the relationship coincides with the following four categories. The category that could grant the order of protection to be handled in family court is that the person you are requesting a restraining order against is a current or former spouse. There are circumstances in which you don’t have to even have been married to this person but you may have a child together, so this claim can be handled in family court. In some situations, you don’t even need to have had a child together but the two parties have a relationship where they see each other often or have known each other for many years. The final category is the most obvious as far as determining whether or not you can handle the case in family court. It is that you are related to this person by either blood or marriage.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.