What is a temporary restraining order in civil law?
A temporary restraining order (TRO) in civil law is a court order issued by a judge to protect a person from harm from another individual. It is usually used when physical or emotional harm is a risk and there is not enough evidence for a more permanent restraining order. In California, a TRO can be obtained in civil court during a civil lawsuit or domestic dispute. A TRO typically requires the defendant (the person who is restrained) to stay a certain distance away from the protected person and prohibits the defendant from having any contact with the protected person. It may also prohibit the defendant from owning a firearm, coming to the protected person’s place of work, and/or going near certain places that the protected person frequents. It is important to note that a TRO is not a criminal penalty, and if violated, the defendant cannot go to jail. However, a TRO violation can result in civil penalties such as fines or damages. If a TRO is violated multiple times, the judge may impose more serious restrictions such as a restraining order that lasts up to five years. Finally, it is important to remember that a TRO is just a temporary measure to protect a person at risk of harm. For the TRO to become permanent, evidence must be presented in court to support the risk of harm. If a permanent restraining order is granted, the defendant must abide by the restrictions for the duration of the order.
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