By Lettecha Johnson

One of the ways to legally protect yourself from harassment or abuse is to obtain a temporary restraining order. The temporary order process involves identifying your eligibility for obtaining this document, doing so in the correct jurisdiction, gathering evidence, paperwork, a judge review, and law enforcement serving the order.

The Newcomb Institute at Tulane University conducted a report in 2024 where 82% of women and 42% of men from the cumulative 3,300 surveyed adults reported experiencing some sexual harassment or assault in their lifetime. Such incidents are one common reason why somebody may seek a protective order.

Knowing how to get a restraining order can be the first step in stopping unwanted contact like texts, visits, threats, physical assaults, or property damage. Use this guide by legal experts to help understand your rights.

What Is a Temporary Restraining Order?

A temporary restraining order (TRO) is a short-term pretrial and temporary injunction (a court order directing one to do or stop doing something). This document may be granted if one can present enough evidence to convince a judge that you are at risk of immediate harm, injury, or loss without this formal protection notice. 

This document is meant to fill in the gap until the court conducts a formal hearing. In some cases, they can be granted without the other party/respondent being informed. 

What Are the Steps to File?

Restraining order requirements involve examining the type of situation you have to determine the correct jurisdiction/court type. For example, a domestic dispute may go to family court, whereas an issue with your neighbor may go to civil court. 

Fill out the necessary paperwork thoroughly and describe in detail the specific instances of abuse, harassment, or threats. Once completed, the paperwork must be filed with the proper court. 

From this point on, a judge reviews the petition and may grant a temporary order immediately. The respondent will be served with the papers for it to be effective.

The next step is for both the petitioner and respondent to appear in an official follow-up court hearing, usually scheduled within 15 to 21 days. During this hearing, your judge considers any evidence presented and decides whether a longer-term or permanent order is necessary.

When Do I Need to File for One?

You may consider filing for a temporary restraining order if you’ve been the victim of:

  • Domestic violence
  • Dating violence
  • Repeated violence injunctions
  • Sexual violence
  • Cyberbullying
  • Stalking

An experienced injunction lawyer in Kissimmee can help you with the process.

How Long Does This Order Last?

This TRO lasts for 14 days unless the judge agrees to extend it. However, a judge may agree to extend this time by an extra 14 days if there is evidence of continuing danger for the petitioner.

Sometimes, the procedure may call for it due to the respondent not being served in time to appear at the first court hearing.

Based on the results from the court hearing, such as presented evidence or a situation where only the petitioner appears, the judge may decide to grant a final Civil Protection Order (CPO). This order can last up to two years.

What Happens After a Restraining Order?

Once a petitioner has been granted a restraining order, they should keep a copy with them at all times. You may also need to notify schools and workplaces that you have a protective order to keep the respondent away. 

The respondent should understand the restrictions that may involve visitation restrictions, not contacting a person at all, or going within a specific distance from them.

Frequently Asked Questions About Restraining Orders

What Is the Most Common Restraining Order?

The most common type of restraining order you can get is the Domestic Violence Restraining Order (DVO). This order of protection covers abuse, stalking, or threats made by a current or former spouse, family member, or intimate partner.

It can cover physical, emotional, and sexual abuse in a relationship. Additional orders include Civil Harassment Restraining Orders (CHROs), which are for non-domestic situations, such as protection from coworkers or neighbors.

What Are Good Reasons to Drop a Restraining Order?

A restraining order may be dropped by the petitioner, at the request of the respondent, or by the final ruling of a judge. The protected person may request it voluntarily if they no longer feel they’re in danger or fear the other party. 

After a period of rehabilitation, such as substance abuse treatment or counseling, the respondent may petition to have the order dropped. If there is a clean record with no violations within a period of time and the respondent has demonstrated significant positive change in circumstances, it may also provide a case for the order to drop. 

Sometimes the order may drop due to a lack of evidence, false information, or improper jurisdiction.

What Makes a Behavior Qualify as Harassment?

Harassment usually focuses on patterns of behavior that create a hostile environment, such as continuous unwelcome offensive conduct. Such conduct is often related to specific characteristics, such as religion, sex, race, age, or disability.

In some cases, a single incident may qualify if it’s severe enough, such as physical assault. 

This behavior isn’t just physical. It can also be visual, verbal, and psychological. For example, psychological harassment may involve spreading rumors or misusing authority, whereas visual harassment may include displaying offensive pictures (i.e., porn in a work setting). 

Know How to Use an Order for Protection

Violence can happen in several forms, from verbal to physical abuse to property destruction. If you, your child, animal, or other dependents are at risk of harm from another loved one, stranger, neighbor, or even a coworker, you have the right to protect yourself.

One of the first steps to do so is through a temporary restraining order. While a temporary restraining order doesn’t guarantee that violence won’t continue to happen, it provides a legal document validating your situation.

With this legal document, you can inform others about the risk to your safety. If you’re experiencing any of the above types of harassment, you should contact a local lawyer to help you.