What is a temporary restraining order?

A temporary restraining order (TRO) is a court order in Delaware that orders one person to stay away from another person, usually for the purpose of preventing the person from engaging in domestic violence or other injurious activity. It requires the “abuser” to stay away from the “protected person,” their home, workplace, and/or school, and to refrain from certain activities. The court may also order the abuser to pay court costs, fees, and/or fines. A TRO is a short-term order that lasts until a hearing can be held to determine whether a longer-term order of protection should be issued. It can also provide additional protections such as granting possession or financial support. It is important to note that TROs are not granted automatically, but must be requested in court, and only after both parties have had notice and an opportunity to present their case. In Delaware, a judge can grant a TRO only after an investigation and a hearing. The judge will consider a range of factors, including the likelihood of further abuse, the emotional and physical safety of the parties involved, and the best interests of any affected children. If a TRO is granted, the court will issue a written order that must be filed with the court and given to the parties. The order must explain the rights and obligations of each party, the duration of the order, and any other pertinent information. The TRO must also be served to the responding party by law enforcement or a certified process server.

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