If you’re involved in a family dispute, there’s a chance that you might find yourself being served with a TRO or temporary restraining order. A TRO is a court order that instructs the person being served to refraining from doing certain acts for a certain period, usually until a permanent restraining order could be issued during your hearing.
In general, a TRO is used for prohibiting an individual to contact or come near a certain individual. But a TRO could likewise include other restrictions as seen fit by the court. Here’s what you need to do if you receive a TRO:
- It’s natural to be upset and emotional when you receive a TRO, but you need to make sure that you read and understand it. It is very crucial to know that failure to follow even one of the terms listed in your TRO might lead to you being in contempt of court, paying costly fines, jail, or a combination of these penalties, warns a top family attorney in Kent.
- Respond to the TRO by contesting the order with your side of the events that led to the other party filing the TRO. Majority of states have specific instruction on how to go about this, but you might also want to consider seeking legal advice.
- File a TRO against the individual who filed a TRO against you if you feel threatened by him or her. Do note though that you would need to provide strong proof that the individual poses a real threat on you.
- Collect evidence and speak to potential witnesses in preparation for the court hearing to help you dispute the TRO in court. You should bring anything that could back up your side of the incident, such as relevant documents and witnesses who could tell the court what they saw to help verify your version of the incident.
- Make sure to attend your court hearing. Otherwise, the judge would probably rule in favor of the individual who filed the temporary restraining order against you and issues permanent orders that could significantly and negatively impact your rights.
Above all else, keep in mind that as unfair as being TRO might be, you need to follow it while you’re waiting for your court date. This is especially true if you have children that are also being affected by the TRO. If this is the case, you need to stay strong and think about your children anytime you feel like you’re close to violating the TRO.