Temporary Restraining Order Bond

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What is a Temporary Restraining Order?

A temporary restraining order is sometimes required for some family law cases, especially those involving abuse or domestic violence.  This is basically a type of restraining order that’s issued at the beginning or during a trial until a more permanent restraining order can be enforced after the trial’s conclusion. 

The temporary restraining order, or “TRO”, secures the plaintiff’s safety by preventing the defendant from approaching them within a specified distance.

What is a Temporary Restraining Order Bond?

In some cases, the win the case, and it may later be concluded that the temporary restraining order was unnecessary.  In such cases, it may also be discovered that the defendant actually suffered economic losses by being subject to the TRO (such as lost wages or family time, etc.).

In order to prevent these types of losses for the defendant, the court may require the plaintiff to pay a bond called a temporary restraining order bond, or a “bond on temporary restraining order”.  This is something like a down payment that the plaintiff pays as the TRO is issued.  It is also called a temporary restraining order surety bond, and is much different from a bail bond

If the plaintiff wins the case, they will get their TRO bond payment back; however, if the defendant was wronged or unjustly restrained by the TRO, then the defendant’s losses will be compensated using the TRO bond payments.  TRO bond payments are not issued in all proceedings.  Rather, they are determined on a case-by-case basis, according to various factors as well as the likelihood that the defendant will prevail over the plaintiff. 

What is a Defendant Injunction Surety Bond?

A defendant injunction surety bond is basically the opposite type of surety bond.  In some cases, it may be the defendant who is actually requesting a TRO or an injunction for protection against the plaintiff. In such cases, the defendant may also be required to pay a bond to secure against losses that might be caused against the plaintiff through the TRO. 

Do I Need a Lawyer for Assistance in Getting a Temporary Restraining Order?

Some aspects of family law trials like temporary restraining order bonds can often be very complicated to deal with.  If you are in need of immediate protection, you should contact local law enforcement authorities immediately.  You may also wish to contact a lawyer, who can help you file for a restraining order if you need one.  Also, your lawyer will be able to represent you in court and provide you with legal guidance as needed during trial.

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Last Modified: 09-13-2012 04:00 PM PDT

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