About Restraining Orders

Information Provided by a Family Attorney

Restraining orders are often issued in Family Court to prevent a party from stealing assets or unlawfully transferring them to a friend or family member. Restraining orders are also available, in appropriate cases, to prevent violence, abuse, and threatening behavior. In some states, restraining orders are automatically issued when a matrimonial case is commenced in the court system. In other states, it is necessary to file a motion or a petition to obtain a restraining order. Almost everywhere, a restraining order can be obtained if an act of domestic violence has been committed. In order to make sure that the restraining order is executed properly, seek the assistance of a qualified family attorney.

In general, restraining orders are issued on a temporary basis first. They may be issued ex-parte, meaning that the offender is not informed of the request for the restraining order until after it has been issued. However, whenever a temporary restraining order has been granted, the court will schedule a follow-up hearing, at which time all of the parties will be given an opportunity to express their positions before a more permanent restraining order is issued.

Restraining orders are a form of injunctive relief. An injunction is a legal device which “enjoins” or prevents a person from taking some action. Most courts recognize temporary or preliminary injunctions, as well as permanent injunctions. In a divorce case, it may be necessary to obtain a restraining order with the assistance of your divorce lawyer, to prevent a party from dissipating assets. As such, the court is issuing injunctive relief against the dissipation of assets. If you feel that you are in need of a restraining order to prevent harm to yourself, or your property, contact a family lawyer at The Law Offices of Mark S. Guralnick.