What Is A Tro In Law?

What Is A Tro In Law
What is a Temporary Restraining Order (TRO)? | Winston & Strawn Legal Glossary A temporary restraining order (TRO) is a legal document issued by a judge before trial that forces or prevents an action for a specified time frame. During court cases that involve trademark infringement or the use of a, a TRO can halt patent, copyright, or trademark infringement in the short term.

It can offer relief in various situations, such as to prevent the sharing of a business secret or an unfair competition practice, until a court hearing on a preliminary injunction can be held. A TRO petition is an emergency request for a state or federal court to take immediate action based on submitted evidence.

Intellectual property lawsuits can often be long, so plaintiffs may want to seek expedited relief. However, specific criteria must be present for a temporary restraining order to be issued by a judge, including the likelihood of irreparable harm without an adequate legal remedy (such as financial payments for damages).

What does it mean to TRO?

Overview – Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions, To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing,

These orders are intended to be stop-gap measures, and only last until the court holds a hearing on whether or not to grant a preliminary injunction,
Judges’ decisions on whether or not to issue a TRO may not be appealed,
Because a TRO may be issued without informing the other party and without holding a hearing, many courts will refuse to issue them, but will instead grant a preliminary injunction after a hearing.

In the federal courts, a TRO is governed by Rule 65(b) of the Federal Rules of Civil Procedure, State rules regarding TROs and other injunctions vary from state to state. See State Civil Procedure Rules, Courts will typically use this 2-part test to determine whether to issue a TRO:

If it clearly appears from specific facts shown by an affidavit or by verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or that party’s attorney can be heard in opposition, ANDThat applicant’s attorney certifies to court in writing and efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required.

How long does a TRO last in NY?

A temporary order of protection will last at least until the next court date. From there it can be extended until the matter is resolved. A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years.

How long can TRO last in California?

Types of Civil Harassment Restraining Orders – Emergency Protective Order (EPO) An EPO is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue EPOs 24 hours a day. So a police officer that answers a call because of serious violence or a serious threat can ask a judge for an emergency protective order at any time of the day or night.

For civil harassment cases, EPOs are only available in cases of stalking. If you are being stalked, you can call the police and ask for an EPO. The emergency protective order starts immediately and can last up to 7 days. The judge can order the abusive person to leave the home (if they live with you) and stay away from you for up to a week.

That gives you enough time to go to court to file for a temporary restraining order. To get a more permanent order, you first must ask the court for a temporary restraining order (also called a “TRO”). Temporary Restraining Order (TRO) When you go to court to ask for a civil harassment restraining order, you fill out paperwork where you tell the judge everything that has happened and why you need a restraining order.

If the judge believes you need protection, he or she will give you a temporary restraining order. Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. “Permanent” Restraining Order (Restraining Order After Hearing) When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order.

They are not really “permanent” because they usually last up to 5 years. Criminal Protective Order or “Stay-Away” Order Sometimes, when there is an incident of violence or severe harassment (or series of incidents), the district attorney will file criminal charges against the person committing the violence.

Is a TRO restraining order?

Temporary Restraining Order (TRO) | Practical Law A provisional remedy by which a court immediately orders a litigant to perform, or refrain from performing, a particular act pending the outcome of a motion for a preliminary injunction. End of Document Resource ID 4-502-5116 © 2022 Thomson Reuters.

What is another word for TRO?

TRO Synonyms – WordHippo Thesaurus. What is another word for TRO?

temporary restraining order	decree
order	written order
documents

Can you challenge a TRO?

Common issues to consider when challenging traffic regulation orders

Two recent High Court decisions in Trail Riders Fellowship v Wiltshire County Council EWHC 3600 (Admin) Trail Riders Fellowship v Hampshire County Council EWHC 3390 (Admin) provide helpful guidance on the common issues arising when considering whether to challenge a traffic regulation order.
Legislation
The power to make a traffic regulation orders (TRO) is contained in section 1(1) of the Road Traffic Regulation Act 1994 (“the Act”). In relation to TROs made outside Greater London, by example, it provides as follows:-
(1) The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—

for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or
for preventing damage to the road or to any building on or near the road, or
for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or
for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or
(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or
for preserving or improving the amenities of the area through which the road, or
for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

When considering the making of a TRO the council has a statutory duty to consider the matters detailed at Section 122 of the Act. It provides as follows:-
(1) It shall be the duty of every strategic highways company and local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway or, in Scotland, the road.
(2) The matters referred to in subsection (1) above as being specified in this subsection are—
(a) the desirability of securing and maintaining reasonable access to premises;
(b) the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;
(bb) the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);
(c) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and
(d) any other matters appearing to the strategic highways company or the local authority to be relevant

The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 sets out the procedure for making a traffic regulation order. The Openness of Local Government Bodies Regulations 2014 provide that, in the case of a delegated decision, the decision-maker must produce a written record of any decision which affects the rights of an individual.

Importantly, Part VI of Schedule 9 provides that any person may question the validity of a TRO on the grounds that (a) it is not within the relevant powers, or (b) any of the relevant requirements has not been complied with in relation to the order. Application is to the High Court within six weeks of the date of the making of the TRO.

However, the court can only quash a TRO: “if satisfied that the order, or any provision of the order, is not within the relevant powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements, may quash the order or any provision of the order.” Common issues in challenging a TRO The facts of the Wiltshire CC and Hampshire CC cases are relatively similar and straightforward.

They both involved a challenge by the Trail Riders Fellowship against TROs which prohibit the use of motor vehicles. The statutory reviews concerned challenges to the procedures and decision making of the relevant county council. The grounds of challenge that arose in these cases are summarised below.

(A) Was the TRO made for a statutory purpose? When considering a challenge of a TRO, one of the first issues to consider is whether the decision maker has identified a statutory purpose, within its statement of reasons, for which he is satisfied that it is expedient to make the TRO.

(B) Was there a breach of the Section 122 Duty?
The next issue to consider is whether the decision maker has complied with the statutory duty at section 122 of the Act (as recited above). In relation to such duty, the Court in the Hampshire CC case summarised the legal requirements as follows:
i) The duty in section 122(1) when exercising functions conferred by the Act to secure the expeditious, convenient and safe movement of traffic extends not only to vehicles but includes pedestrians;
ii) The duty of securing the expeditious, convenient and safe movement of traffic is not given primacy but is a qualified duty which has to be read with the factors in section 122(2), such as the effect on the amenities of the area and, in the context of making a traffic regulation order, with the purposes for this identified in section 1(1) of the Act;
iii) The issue is whether in substance the section 122 duty has been performed and what has been called the balancing exercise conducted, not whether section 122 is expressly mentioned or expressly considered; and
iv) In the particular circumstances of a case compliance with the section 122 duty may be evident from the decision itself, or an inference to this effect may be drawn since the decision has been taken by a specialist committee or officer who can be taken to have knowledge of the relevant statutory powers.
In the Hampshire CC case, although the section 122 duty was not expressly stated, the judge considered that the council had, in substance, performed the duty.
(C) Were adequate reasons for the decision to make the TRO provided?
The Court in the Hampshire CC case noted the requirements as:

“The reasons for a decision must be intelligible and they must be adequate. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the “principal important controversial issues”, disclosing how any issue of law or fact was resolved.

Reasons can be briefly stated, the degree of particularity required depending entirely on the nature of the issues falling for decision.
The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds”.

Additionally, to succeed with a statutory review to quash a TRO, there must not only be inadequate reasons but such inadequacy must have substantially prejudiced the claimant. (D) Was there adequate consultation? Was it procedurally fair? The Act and accompanying Regulations sets out the requirements for statutory and public consultation on a proposed TRO.

Such consultation will need to include a statement of reasons which must be adequate to enable a consultee to understand the statutory purpose and reasons for proposing the TRO and provide a reasoned response.
The failure to consult in accordance with the requirements of the Act and Regulations will likely be fatal to a TRO.

By example, the Regulations require consultation with ‘such other organisations (if any) representing persons likely to be affected by any provision in the order’. In the Wiltshire CC case, the TRO was quashed due to the council not consulting with the Trail Riders Fellowship who are a relevant organisation representing a segment of motor vehicle users (motorcycle users) that would be prohibited by the order.

E) Is the decision to make the TRO irrational? Finally, there is the general public law grounds of irrationality of the decision (or Wednesbury unreasonableness).
In short, this is a question of whether the decision was so unreasonable that no reasonable authority would have made it.
This is a high bar and difficult to succeed in sustaining but is one which may be worth considering Lesson: When a TRO is made adverse to your interests, it is always worth considering the merits of any statutory review of such order.

Always be mindful of the six-week limitation in bringing such claim, and the ultimate discretion of the Court and need for the result of any procedural failure (other than its unlawfulness) to cause you substantial prejudice. : Common issues to consider when challenging traffic regulation orders

Can you get a restraining order for no reason?

When would a restraining order not be suitable? – If no crime has taken place, the criminal courts won’t be involved, and therefore a restraining order can’t be granted. There are other orders that exist for different situations. For example, if you are going through a particularly bad divorce and fear an attack from your ex-partner, you would need to apply for a non-molestation order,

How long do you go to jail for violating an order of protection?

Prison sentences range from one year to seven years. Violating the terms of an order of protection can also have other serious consequences. It can negatively affect the individual’s pending criminal cases or cases that involve custody issues.

Who will issue a TRO?

Why not a TRO? What Is A Tro In Law By Atty. Irwin C. Nidea Jr. “The law appears to limit the power of the CTA to only grant “suspension of collection of tax”. The Rules of Court on the other hand, is explicit in stating the power of the regular courts to issue a TRO, preliminary injunction and a permanent injunction.

It is therefore necessary to clearly define what the power of the CTA is in terms of injunction. Is the current law enough for the CTA to issue TROs or a law must be passed to expand its powers?” What will you do if you receive a Warrant of Distraint and Levy from the Bureau of Internal Revenue (BIR) or worse, a Notice of Garnishment from your bank? It means that the government is now enforcing the collection of what it believes a delinquent taxpayer owes the government.

WDL is usually issued when the taxpayer’s protest against an assessment notice is denied by the BIR and all efforts for reinvestigation and reconsideration have failed. Can you still stop the BIR at this point? Is everything lost? When a WDL or a Notice of Garnishment is received by a taxpayer, his only recourse is to appeal to the Court of Tax Appeals (CTA) within 30 days from receipt of the same. What Is A Tro In Law To stop the BIR from enforcing collection, a taxpayer must file a motion for suspension of collection of tax with the CTA, together with its Petition or at any time while the case is pending in court. But is this remedy given by law to taxpayers enough to temporarily clip the power of the BIR to collect until the taxpayer’s liability is determined with finality by the courts? I am afraid it is not.

When compared to the regular courts, the power of the CTA appears to be limited.
The regular courts in ordinary cases have the power to issue a 72-hour temporary restraining order (TRO) and a preliminary injunction to preserve the status quo.
After hearing, the regular courts can issue a permanent injunction.

But the CTA as far as I know, does not issue a 72-hour TRO nor a preliminary injunction. What it grants is a permanent injunction or a suspension of collection of tax. So, while the motion for suspension of collection of tax is being heard at the CTA, the BIR is not being stopped from enforcing the WDLs and notice of garnishment.

The law appears to limit the power of the CTA to only grant “suspension of collection of tax”. The Rules of Court on the other hand, is explicit in stating the power of the regular courts to issue a TRO, preliminary injunction and a permanent injunction. It is therefore necessary to clearly define what the power of the CTA is in terms of injunction.

Is the current law enough for the CTA to issue TROs or a law must be passed to expand its powers? The BIR recently issued WDLs even on cases where the CTA has already ruled that the assessment issued by the BIR is void. The BIR is still pursuing the collection of these cases because it believes that if they are still on appeal and that there is no order coming from the CTA stopping them.

In some cases, the CTA made a stand and declared that the BIR must not issue WDLs when the CTA has already promulgated a decision against it. The problem though is that between the time that the WDL and the notice of garnishment are issued and the time that the CTA grants the motion to suspend the collection of tax, bank accounts may have already been seized by the government and real properties might have already been sold in a public auction.

I hope the government including the lawmakers will address this loophole and shield taxpayers from irreparable damage. The author is a senior partner of Du-Baladad and Associates Law Offices, a member-firm of WTS Global. The article is for general information only and is not intended, nor should be construed as a substitute for tax, legal or financial advice on any specific matter.

Applicability of this article to any actual or particular tax or legal issue should be supported therefore by a professional study or advice. If you have any comments or questions concerning the article, you may e-mail the author at This email address is being protected from spambots. You need JavaScript enabled to view it.

or call 8403-2001 local 330.

How much is the TRO?

Fees – There is a $15.00 filing fee for the TRO, which can be waived in exceptional circumstances. Personal checks are accepted. If the TRO is granted, the clerk will give you certified copies of the TRO. Ask the clerk to “conform” all copies by stamping the judge’s signature and the date of signing on all orders. Let the clerk know how many copies of the TRO you will need.

What is temporary protection order?

Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.

What happens if the defendant does not show up to a restraining order hearing?

WHAT HAPPENS IF I AM THE DEFENDANT AND I DO NOT SHOW UP FOR COURT? – If you do not show up for the trial, the Plaintiff can ask for a default judgment against you as above. You will have missed your chance to tell your side of the claim to the judge.

What proof do you need for a restraining order in California?

What is the Burden of Proof for Restraining Orders? – The Law Offices of Carina Castañeda In Los Angeles and many courts in California, temporary restraining order requests are handled the same day they are filed. The person seeking an order is called the ” Petitioner,” This person must make declarations under penalty of perjury about the allegations of abuse or harassment that has occurred.

Whether in a domestic violence restraining order or civil restraining order, the court requires some statements about physical, emotional or other types of abuse that has occurred.
The judge will review the petitioner’s requested order, including any other persons the order is intended to protect.
Small children living with a mother or father will often be included in the order, even family pets.

The court must also see some declarations or statements about current or past abuse that fit under the definition of either civil harassment or domestic violence. The technical term for the proof needed is ” reasonable proof.” Reasonable proof is the lowest standard we have in the Court system.

What does TRO mean in a divorce?

Domestic abuse victims can ask the court to issue an order that directs the abuser to refrain from having any contact with the victim or the victim’s children. – A temporary restraining order (TRO) or temporary protective order (TPO) is a court order signed by a judge that requires someone to stop harming or stalking you.

Depending on the state where you live, it may be called an injunction, order of protection, family violence protection order, or something similar.
COVID-19 Update: The coronavirus outbreak has impacted how the courts and domestic violence organizations are able to operate.
Read on to learn how their services are affected and what resources are still available.

To obtain a TRO against someone who is abusing you, it is not necessary to have a domestic violence case pending in criminal court. In most states, if you or your children are subject to domestic violence, threats of domestic violence, or stalking, you may apply for legal protection.

How long does a TRO last in Texas?

When is a temporary restraining order in a custody case appropriate? – There are several situations where a temporary restraining order can be filed, but this toolkit is intended ONLY for an emergency situation where:

a child has been harmed or is at risk of being harmed, and
a protective order is not more suitable to protect the child.

A temporary restraining order (TRO) is a court order that tells a person not to do certain things such as harming a child, leaving the state with a child, or being around a child. The Family Helpline ‘s TRO kit is useful in an emergency situation when you need a court order to protect a child quickly, but the child does not qualify for a protective order.

While most other family law issues require you to serve (give legal notice to) all other parents or conservators before you can set a hearing and talk to a judge, a TRO can be granted “ex parte”—meaning the other parent does not have to be given advance notice that you are asking the judge for a TRO.

This means that a TRO can be granted by a judge very quickly—often on the same day that you ask for it. A TRO is only good for 14 days, so it can work as a quick fix to address an emergency situation, and gives you some more time to serve the parents or other conservators, collect additional evidence, and set another hearing to talk to a judge.

What is a 5 letter word with TRO?

5-letter words starting with TRO

troad	troak
trone	tronk
trons	Troon
troop	trooz
trope	troth

What does TRO mean in business?

Business owners know that legal emergencies require decisive legal action. In such circumstances, a business may require injunctive action now before a resolution of the entire case on the merits. There are two types of injunctive relief that a business may seek prior to resolution of the controversy on its merits: temporary restraining orders (often referred to as a “TRO”) and preliminary injunctions.

A TRO is an emergency remedy issued in exceptional circumstances to maintain the status quo for a limited period of time.
The key defining characteristic of a TRO is that it is provisional in nature and does not decide the merits of the dispute.
Due to their limits, TROs are typically followed by other forms of emergency litigation, such as a preliminary injunction.

Understanding What a Temporary Restraining Order is Under Illinois law, a TRO is an equitable remedy that requires a party to do something or refrain from doing something until such time as the court can hear and review further argument and evidence from the parties.

The requirements for TROs in Illinois state courts are found in Section 5/11-101 of Article XI of the Illinois Code of Civil Procedure (commonly known as The Injunction Act), 735 ILCS 5/11-101, The requirements for TROs in federal courts are found in Federal Rule of Civil Procedure 65, Illinois law provides that a TRO may last only 10 days, except in certain circumstances.

Illinois law recognizes two different types of TROs: TROs with and without notice (the latter being referred to by courts as ex parte TROs). Ex parte TROs are disfavored and may be granted only in extremely limited circumstances where the party seeking the TRO can demonstrate that it would suffer irreparable harm in the time it would take to provide notice to the defendant.

A business seeking a TRO must meet a high burden of demonstrating, through well-pled facts, its entitlement to the relief sought. Because TROs only last for a very short time, the court, upon entry of a TRO, typically sets a date for an evidentiary hearing on a motion for preliminary injunction. Understanding When a Temporary Restraining Order is Appropriate Illinois courts will only grant a TRO if there is a threat that the party seeking its entry will suffer imminent, irreparable harm.

TROs may only provide injunctive relief, meaning a TRO cannot be used to obtain money damages. Emergency motions for entry of a TRO are sought in a number of business settings, most often in employment and intellectual property disputes. For instance, seeking a TRO may be appropriate to require former employees to comply with the requirements of their non-compete, non-disclosure, or non-solicitation agreements.

Our emergency commercial litigation attorneys frequently seek TROs on behalf of minority shareholders who are being frozen out or squeezed out of their companies by a controlling shareholder or business partners or members of a limited liability company who are facing a stalemate due to a dispute that threatens the ongoing viability of the business.

What Must be Proven to Obtain a Temporary Restraining Order? The first step in obtaining a TRO is to file a lawsuit. A plaintiff seeking a TRO must either set forth the facts explaining why a TRO is necessary in a verified complaint or file a motion or petition supported by the necessary affidavits attesting to the facts that would justify entry of a TRO.

As the court in Houseknecht v.
Zagel explained, parties seeking entry of a TRO must establish: (1) the existence of a clearly ascertained right in need of protection, (2) an imminent risk of irreparable injury in the absence of injunctive relief, (3) an inadequate remedy at law, and (4) a likelihood of success on the merits of the dispute.

Of these factors, the most important is the imminent threat of irreparable injury. A hearing on a motion for a TRO is a summary proceeding. With offices in Chicago and Elmhurst, The temporary restraining order attorneys of Lubin Austermuehle represent clients in the greater Chicago area, DuPage County, elsewhere in Illinois, and in Indiana and Wisconsin.

What does TRO mean in business?

A TRO is an emergency remedy issued in exceptional circumstances to maintain the status quo for a limited period of time.
The key defining characteristic of a TRO is that it is provisional in nature and does not decide the merits of the dispute.
Due to their limits, TROs are typically followed by other forms of emergency litigation, such as a preliminary injunction.

The requirements for TROs in Illinois state courts are found in Section 5/11-101 of Article XI of the Illinois Code of Civil Procedure (commonly known as The Injunction Act), 735 ILCS 5/11-101, The requirements for TROs in federal courts are found in Federal Rule of Civil Procedure 65, Illinois law provides that a TRO may last only 10 days, except in certain circumstances.

A business seeking a TRO must meet a high burden of demonstrating, through well-pled facts, its entitlement to the relief sought. Because TROs only last for a very short time, the court, upon entry of a TRO, typically sets a date for an evidentiary hearing on a motion for preliminary injunction. Understanding When a Temporary Restraining Order is Appropriate Illinois courts will only grant a TRO if there is a threat that the party seeking its entry will suffer imminent, irreparable harm.

As the court in Houseknecht v. Zagel explained, parties seeking entry of a TRO must establish: (1) the existence of a clearly ascertained right in need of protection, (2) an imminent risk of irreparable injury in the absence of injunctive relief, (3) an inadequate remedy at law, and (4) a likelihood of success on the merits of the dispute.

What does TRO mean in a divorce?

Depending on the state where you live, it may be called an injunction, order of protection, family violence protection order, or something similar. COVID-19 Update: The coronavirus outbreak has impacted how the courts and domestic violence organizations are able to operate. Read on to learn how their services are affected and what resources are still available.

What is a TRO in the military?

Temporary Restraining Order on a Member of the Military – Domestic Violence Restraining Orders are treated differently in military and civilian courts. If your family law attorney does not have the legal expertise and knowledge of the devastating effects that a Domestic Violence Restraining Order can have upon a military member, it can cause him or her to lose their commission or worse, be discharged from the armed forces.

Summary of civilian temporary restraining order process. There is a multitude of information about restraining orders that you should be familiar with to protect yourself. One wrong assumption, such as ignoring and not complying with the details of a Temporary Restraining Order, can ruin your military career and reputation.

The process for a domestic violence restraining order includes:

The petition. A Petition is first filed by one claiming abuse to obtain a temporary restraining order (“TRO”) under the Domestic Violence Prevention Act. TRO notice. The temporary restraining order is generally issued without prior notice to the person to be restrained, and if issued, is based upon sworn testimony of the person claiming abuse and the need for protection. If granted a TRO can issue the same day that it is filed and can be sent to the military member’s command within 24-48 hours. You may be charged with a crime if it is violated. TRO implications. There can be many implications of a TRO, but some of the most common require the restrained person to move out of the home, stay a certain distance from the protected person and household members or to stop contacting the protected person. Appearance requirement. Once you are provided notice of a TRO, you must appear at the scheduled hearing or a default will be entered. The hearing is set shortly after notice of the TRO. If you are on active duty and your military service interferes with your ability to appear and defend your case, you many request a 90-day postponement under the Service Members Civil Relief Act (“SCRA”). If you are served with protection order papers and your military service does not interfere with your appearing in the case, you must go to court. If you do not go to court, a default judgment may issue against you. There are further provisions of the SCRA regarding default judgments that may be applicable. Agreement vs. Hearing. When you go to court, you can either reach an agreement or have a hearing. If you do come to an agreement with the one seeking protection, be sure to understand the impact of the agreement. It will be enforceable in the same manner as any other agreement. Your family law attorney will assist you with drafting and negotiating the crucial details of this very important agreement. The hearing. At the hearing, you will not be appointed a JAG attorney. You will need to hire your own civilian attorney or defend yourself, which is never advisable. The hearing is where you are given the opportunity to defend yourself and tell your side of the story. The court will consider testimony given by each side and if found that no abuse exists, the case will be dismissed. If sufficient legal grounds do exist, the TRO can become permanent for up to five years. Permanent Restraining Order and its terms. If a judge issues a permanent restraining order, he or she will decide the terms of the order. In addition to it ordering the restrained to stay away from the accuser, it may address your children you have together, support, and possessions. It may also include that you may not have possession of a firearm or ammunition. A judge may also issue an order stating that the person restrained must turn in firearms under his or her control within 24 hours of being served.

What is a TRO in Texas?

Temporary Restraining Order and Order to Appear (TRO)