Restraining Orders—Frequently Asked Questions

A party may obtain a temporary restraining order if they have been abused or threatened.

If a party has been physically abused or threatened, that party may obtain a temporary restraining order and then an injunction from the Judge. The temporary restraining order is issued without a hearing, and is in force until a hearing can be held. If sufficient proof is presented at a hearing, the Judge will then sign an injunction. Usually the Judge will not sign a temporary restraining order that removes the offending spouse from the marital home, but most often will remove the offending spouse after a hearing by signing an injunction.

Neither the temporary restraining order nor the injunction prevent a noncustodial parent from visiting with the children. The Judge may also issue a mutual injunction against both parties, where the parties agree, or where there are claims of harassment or abuse on both sides. A temporary restraining order or an injunction may also be granted to prevent either or both parties from disposing of assets the parties own.

In addition to a restraining order or an injunction, and in a separate Circuit Court case, a Judge may sign a Personal Protection Order (PPO) where a party has been abused or threatened. A PPO is often entered against a party without notice to that party, and based simply upon the sworn written statement of the party requesting the PPO. A Personal Protection Order can have far reaching and serious consequences, and therefore should be discussed with your attorney.

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