How long Does a Temporary Restraining Order last?
A temporary restraining order, temporary protective order or TPO is an injunction that a person can receive from the local courthouse in the midst of an emergency. A person can receive a temporary restraining order for situations such as terroristic threats, physical violence, harassment and the like. The purpose of a temporary restraining order is to place the victim and any children into immediate safety and care by outlining certain limitations to the defendant. All persons who obtain approval for a temporary restraining order will have to appear in court to receive a permanent restraining order. The TPO has less requirements than a permanent protective order has.
How Long Does a Temporary Restraining Order Last?
A temporary restraining order usually last about three weeks. The courts must set a court date so that the defendant can have an opportunity to hire an attorney or present his or her side of the story. The judge will examine the evidence on both sides and then make a sound decision as to whether to make the restraining order permanent or not. The judge will consider several factors such as the level of danger that the victim risks.
If the parties do not show up on the court date set forth on the temporary protective order, the judge may automatically drop the order. The plaintiff must show up and show cause as to why the judge should convert the temporary restraining order into a permanent restraining order. The defendant must show up and prove that the judge should not convert the order into a permanent one. If either party does not appear in court, the judge may give the other party a ruling in his or her favor by default.
What if Children Are Involved
The judge’s primary duty is to protect the children of the state. Therefore, the judge will take action that will keep children out of dangerous situations. If one parent provides significant proof that the other parent is involved in violent behavior, drugs or criminal activity, the judge may be inclined to make the restraining order permanent and include the children in the protective order. Law protectors want to ensure that both parents have quality time with the children, but they do not wish to risk the children’s safety. An experienced attorney can assist either parent with such a situation.