What is a Temporary Restraining Order (TRO)?
When a party files for divorce, the party being served with the divorce papers often realizes that an Ex Parte Temporary Restraining Order has also been filed against them. Although a TRO can be offensive to the party who was served, it is fairly common for a TRO to be filed in conjunction with a Petition for Divorce. When a party initially files for divorce, they can approach the judge ex parte (without notice to the other party and without the other party being present) and request that the court issue orders for the immediate protection of a party and/or for the immediate protection of marital property. Because the filing party approaches the judge without notice to the other party, an Ex Parte Temporary Restraining Order can only last for 14 days before a hearing must be had. Upon the expiration of the 14 days, the other party finally gets a chance to voice issues of contention regarding the issuance of a TRO, for the judge’s consideration. After a hearing, if the judge decides that the TRO should remain in effect, the Temporary Restraining Order will become a Temporary Injunction and stay in place. The purpose of Temporary Injunctions is to maintain “status quo” and ensure that the parties treat each other in a “peaceful” manner during divorce process.
Many times, when an Ex Parte TRO is granted regarding the protection of marital property, a court will require both parties to adhere to provisions of the TRO, thereby making the TRO amutual Temporary Injunction.
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