A temporary restraining order (TRO) is a court order that prevents a person from coming into contact with you. This court order will protect you from someone you feel is dangerous, and it’s active anywhere you go, including your home, office, and school. If you plan to file a TRO, use this guide to learn how the order and an attorney can help.

What to Know About TROs

Who can file?

You can file for a TRO if you feel you’ve been harassed or on the receiving end of violent behavior. This form of legal protection will safeguard you from whoever is causing trouble, whether it’s an acquaintance, current romantic partner, or former spouse.

How do I file for a TRO?

If you’re filing a petition against someone you don’t know, you’ll need to go through the state’s district court. On the other hand, the petition will need to be heard in family court if it’ll be filed against someone you know, like a family member.

How long is a TRO in effect?

The period covered by a temporary restraining order varies between states. In Hawaii, district court TROs are effective for three years, while family law judges can set expiration dates based on the specifics of each case. Regardless of how you plan to file, you should work with an attorney to ensure your interests are represented at the hearing.

What happens if someone violates a TRO?

A TRO is a court order, so anyone who violates it faces legal consequences. Depending on the circumstances, disregarding the TRO may result in hefty fines and jail time. In some cases, the violator may face criminal charges with more severe penalties.

If you plan to file a TRO, contact the team at the Law Offices of Brian J De Lima in Hilo, HI. These experienced attorneys have helped Big Island residents achieve legal protection for over 35 years. They’ll listen to the specifics of your case and suggest whether you should file through the state’s district or family court. To get more information about how they can help, visit the website or call (808) 969-7707.