Temporary Restraining Orders (TRO)

Temporary Restraining Orders (TRO): Restraining orders have far-reaching implications. They can protect you from the aggressive acts of another, and make it a criminal act if the individual violates the judge’s order(s). On the other hand, a restraining order granted against you without cause can result in false charges, loss of gun rights, and numerous legal problems.

A court order of limited duration. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction.

There are 4 Different types of Restraining Orders:

  1. Emergency Protective Order
  2. Elder or Dependent Abuse Restraining Order
  3. Domestic Violence Restraining Order
  4. Civil Harassment Restraining Order

1. Emergency Protective Order

  • Helps you if you are in danger.
  • Orders someone to stay away from you, your home, and your work.
  • It can result in a permanent order.

2. Elder or Dependent Abuse Restraining Order

  • 65 or older, or between 18-64 and have certain disabilities, and you are a victim of: Physical or financial abuse, Neglect, abandonment, isolation, Treatment that has physical or mentally hurt you.
  • Orders someone to not contact you in any way, stay away from you and your home, move out of your home, relinquish control of your finances.
  • It lasts up to 3 years or in certain cases permanently.

3. Domestic Violence Restraining Order

  • To Protect you and your family from someone, you are dating or use to date, you are married to or used to be married to, you are closely related to, you have a child with, or you cohabit with. 
  • It lasts up to 5 years.

4. Civil Harassment Restraining Order

  • You have safety concerns due to being: Stalked, harassed, sexually assaulted, or threatened by someone you do not have a close relationship like a neighbor.
  • You can prevent contact of any kind, including you, your home, your work, and other family members.
  • It lasts up to 3 years but can be extended.

References: https://www.saccourt.ca.gov/general/brochures/docs/civil-restraining-orders.pdf