What is a Protective Order/Restraining Order?

Posted on May 22, 2018 by Chris Kirker

In some situations, a court may grant emergency relief in the form of a Temporary Ex Parte Protective Order or a Temporary Restraining Order.

If family violence has occurred, a party with standing based on a relationship might pursue a Temporary Ex Parte Protective Order. Depending on the type of relief requested, the Respondent may have an opportunity to be heard by the court before the order is entered. For example, if a party requests that the court order the alleged aggressor to be temporarily removed from the residence, a court may recess the ex parte hearing and contact the respondent before the hearing resumes. This type of order is often referred to as a “kick out order.”

A Temporary Restraining Order may grant other types of temporary relief by imposing restrictions on the Respondent’s actions. For example, a Temporary Restraining Order may prevent a Respondent parent from removing the children outside of a particular geographic area or hiding the children from the other parent.

A verified pleading and affidavit including facts to support the requested relief are usually required for Temporary Ex Parte Protective Orders and Temporary Restraining Orders.  If you have questions about these types of orders, do not hesitate to consult an attorney.

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