When Are Restraining Orders Used?

Restraining orders are a form of legal injunction set in place to legally prevent one party from engaging in some activity. They are most often used in regard to domestic abuse situations, but restraining orders can be used in several different contentious situations.

Victims of domestic abuse can obtain temporary restraining orders to keep their abusers away from their home and workplace. The temporary order is usually granted immediately and will remain in effect until a hearing regarding the domestic abuse takes place. At that time the restraining order can either be extended or lifted.

Family court judges can also institute restraining orders during divorce proceedings to prevent one party from selling jointly owned property, emptying bank accounts or incurring debt on a joint credit card.

Injunctions are similar to restraining orders, in that injunctions are temporary court orders made by one party to prevent the other party from engaging in certain conducts until the conclusion of the trial. Unlike a temporary restraining order, which is granted ex parte, meaning without the abuser being present, an injunction is granted at a hearing. Both parties have the opportunity to argue why the injunction should or should not be granted.

Another difference between restraining orders and injunctions is that courts will only issue injunctions to prevent a party from suffering an irreparable injury. Temporary restraining orders in cases of domestic abuse are virtually always granted. An injury where a monetary award alone is sufficient to compensate the party then the injunction will not be granted because the injury is not irreparable.

There are several different types of injunctions. Preliminary injunctions or temporary injunctions are for immediate relief and preserve the subject in its current condition. Preventive injunctions can maintain the status quo or prevent further injury but cannot address previous injuries. Mandatory injunctions are rarely granted and compel specific performance, which is executing a legal contract to the precise terms agreed upon. Permanent injunctions are final judgments that bring an end to the injunction suit by, for example, permanently barring a manufacturing plant from dumping waste into a water source.

Injunctions will be granted to prevent one party from destroying property or revealing trade secrets. Personal privacy matters can also be kept secret through an injunction. These and other matters cannot be fully resolved with a simple monetary award, so injunctions are used to protect the party seeking the injunction.

Violations of injunctions or restraining orders will result in a contempt of court citation. Punishment is at the discretion of the presiding judge and usually consists of a fine, imprisonment or both.