Temporary Restraining Order In New York

by ECL Writer
Felony Assault in New York

Temporary restraining orders (TROs) are legal orders issued by courts to protect individuals from immediate and irreparable harm. In the state of New York, Temporary Restraining Order can be obtained for various reasons, including domestic violence, harassment, and stalking. These orders prohibit an individual from engaging in certain behaviors or contacting the person seeking protection. TROs are typically granted for a limited period of time, ranging from a few days to a few weeks, while a more permanent solution is sought. In this article, Eastcoastlaws.com will explore the process of obtaining a Temporary Restraining Order in New York, the requirements for eligibility, and the legal consequences of violating a TRO. Understanding TROs is essential for those who feel they are in danger and need protection from harm, as well as those who may be subject to a TRO and need to know their legal rights and responsibilities.

What Is Temporary Restraining Order?

A temporary restraining order (TRO) is a legal order issued by a court that is designed to protect an individual from immediate and irreparable harm. It is a type of emergency relief that is typically granted for a limited period of time, ranging from a few days to a few weeks. TROs are often used in cases involving domestic violence, harassment, stalking, or other situations where someone is in danger.

The purpose of a TRO is to provide immediate protection to the person seeking the order, and it can prohibit the person from being restrained from engaging in certain behaviors or contacting the individual seeking protection. This can include things like staying a certain distance away, refraining from contacting or harassing the person, or not entering certain locations.

TROs are temporary in nature, meaning they are only in effect for a limited period of time. After the TRO expires, a more permanent solution, such as a permanent restraining order or other legal action, may be sought.

It is important to note that violating a TRO can result in serious legal consequences, including fines, imprisonment, or other legal penalties. If you believe you may need a TRO, it is important to seek legal advice and assistance from a qualified attorney who can guide you through the process and help protect your rights.

Overview Of Temporary Restraining Order NY

In New York, a temporary restraining order may be obtained without notice if the plaintiff proves, on an application for a preliminary injunction, that the defendant will be restrained before a hearing in order to avoid imminent and irreparable injury, loss, or damages. The court must set the preliminary injunction hearing as soon as feasible after awarding a temporary restraining order. A temporary restraining order cannot be issued against a public officer, board, or municipal corporation of the state to prevent them from carrying out their statutory obligations in an action arising out of a labor dispute as described in section 807 of the labor code.

A temporary restraining order, the papers on which it was based, and a notice of hearing for the preliminary injunction must be personally served in the same way as a summons unless the court directs otherwise.

The court may, at its discretion, require the plaintiff to provide an undertaking in advance of the issuance of a temporary restraining order that contains terms similar to those in subdivision (b) of rule 6312 and is subject to the exception stated therein. The amount of the undertaking will be determined by the court.

Grounds for Obtaining a Temporary Restraining Order in New York

In the state of New York, there are several grounds for obtaining a temporary restraining order (TRO). These include:

  1. Domestic violence: If you have been a victim of domestic violence, including physical, sexual, or emotional abuse, you may be eligible for a TRO. Domestic violence can include violence or threats of violence committed by a spouse, ex-spouse, romantic partner, family member, or household member.
  2. Harassment: If you have been subjected to harassment, such as repeated unwanted phone calls, text messages, emails, or unwanted physical contact, you may be eligible for a TRO.
  3. Stalking: If you have been stalked, meaning you have been subjected to repeated unwanted attention or contact that causes you to fear, you may be eligible for a TRO.
  4. Child abuse: If you have reason to believe that your child has been or is in danger of being abused, you may be eligible for a TRO to protect your child.

To obtain a TRO in New York, you must file a petition with the court that explains the circumstances of your situation and why you need a TRO. If the court finds that you have met the necessary requirements for a TRO, it will issue an order prohibiting the individual from engaging in certain behaviors or contacting you.

It is important to note that TROs are only temporary and typically last for a limited period of time, ranging from a few days to a few weeks. After the TRO expires, a more permanent solution, such as a permanent restraining order or other legal action, may be sought.

Types Of TROs In New York (ex parte, preliminary, and permanent)

In the state of New York, there are three types of temporary restraining orders (TROs): ex parte, preliminary, and permanent. Each type serves a different purpose and has different requirements.

  • Ex parte TRO: An ex parte TRO is granted without a hearing and is designed to provide immediate protection to the person seeking the order. This type of TRO is typically granted when there is an emergency situation and there is not enough time to hold a hearing. An ex parte TRO is only in effect for a limited period of time, usually until a hearing can be held to determine if a preliminary TRO should be granted.
  • Preliminary TRO: A preliminary TRO is granted after a hearing where both parties have the opportunity to present evidence and arguments. It is designed to provide temporary protection until a full hearing can be held to determine if a permanent restraining order should be granted. A preliminary TRO is typically in effect for a few weeks.
  • Permanent TRO: A permanent restraining order is granted after a full hearing where both parties have the opportunity to present evidence and arguments. It is designed to provide long-term protection and can last for a period of years. A permanent TRO can be renewed if necessary.

It is important to note that violating any type of TRO can result in serious legal consequences, including fines, imprisonment, or other legal penalties. If you are seeking a TRO or are subject to one, it is important to seek legal advice and assistance from a qualified attorney who can guide you through the process and help protect your rights.

Process For Obtaining A Temporary Restraining Order In New York

The process for obtaining a temporary restraining order (TRO) in New York typically involves the following steps:

  • File a petition: The first step in obtaining a TRO is to file a petition with the court that explains the circumstances of your situation and why you need a TRO. You may be required to provide evidence, such as police reports or medical records, to support your claim.
  • Request an ex-parte TRO: If your situation is an emergency, you may be able to request an ex-parte TRO, which is granted without a hearing. To obtain an ex parte TRO, you will need to explain to the court why an emergency TRO is necessary and provide evidence to support your claim.
  • Serve the TRO: Once the TRO is granted, it must be served on the individual being restrained. This is typically done by a law enforcement officer or a process server.
  • Attend a hearing: If an ex parte TRO is granted, a hearing will be scheduled within a few days to determine if a preliminary TRO should be granted. If a preliminary TRO is granted, another hearing will be scheduled within a few weeks to determine if a permanent restraining order should be granted.
  • Follow the terms of the TRO: It is important to follow the terms of the TRO to avoid violating it. Violating a TRO can result in serious legal consequences, including fines, imprisonment, or other legal penalties.

If you are seeking a TRO or are subject to one, it is important to seek legal advice and assistance from a qualified attorney who can guide you through the process and help protect your rights.

Duration Of A TRO In New York

The duration of a temporary restraining order (TRO) in New York can vary depending on the circumstances of the case and the type of TRO that is granted.

An ex parte TRO is granted without a hearing and is typically in effect for a short period of time, usually until a hearing can be held to determine if a preliminary TRO should be granted. This can be about 14 days.

A preliminary TRO is granted after a hearing and is designed to provide temporary protection until a full hearing can be held to determine if a permanent restraining order should be granted. A preliminary TRO is typically in effect for a few weeks.

A permanent restraining order is granted after a full hearing and is designed to provide long-term protection. It can last for a period of years but may be subject to renewal if necessary.

Violation Of A TRO In New York

Under New York law, violating a temporary restraining order (TRO) can result in both criminal and civil consequences.

Criminal consequences can include fines, imprisonment, or other legal penalties. According to the New York Penal Law, “A person is guilty of criminal contempt in the second degree when he or she violates a duly served order of protection… where such violation does not constitute a crime punishable by a higher class of contempt.” (N.Y. Penal Law § 215.50)

Civil consequences can include fines, damages, and other legal penalties. A person who violates a TRO may be subject to a civil lawsuit brought by the person who obtained the TRO. In such a lawsuit, the court may award damages to the person who obtained the TRO and may also impose additional legal penalties.

In addition to these consequences, violating a TRO can also have other negative effects on a person’s life, such as impacting their employment or custody of their children.

It is important to take a TRO seriously and to follow the terms of the order to avoid violating it. If you are subject to a TRO or are seeking one, it is important to seek legal advice and assistance from a qualified attorney who can guide you through the process and help protect your rights.

Differences Between A TRO And An Order Of Protection In New York

While a temporary restraining order (TRO) and an order of protection (OP) are both legal orders intended to protect individuals from harm or harassment, there are some key differences between the two in New York.

  • Purpose and scope: A TRO is a temporary legal order designed to provide immediate protection to a person who has been the victim of harassment, abuse, or violence. It is typically granted without a hearing and is in effect for a short period of time. An OP, on the other hand, is a longer-term order that can be granted after a hearing and is designed to protect a person from future harm or harassment.
  • Duration: As mentioned above, a TRO is typically in effect for a short period of time, usually until a hearing can be held to determine if a preliminary OP should be granted. A preliminary OP is typically in effect for a few weeks, while a final OP can be in effect for up to two years or longer.
  • Requirements for obtaining: A TRO can be obtained without notice to the other party, whereas an OP requires notice to be given to the party who will be restrained. Additionally, a TRO is typically granted based on a showing of immediate danger or harm, while an OP requires a showing of a past history of abuse or harassment.
  • Consequences of violating: Violating a TRO can result in both criminal and civil consequences, as discussed earlier. Violating an OP can result in criminal charges and penalties, including imprisonment.

It is important to note that while there are differences between a TRO and an OP in New York, both are intended to protect individuals from harm or harassment.

How To Defend Against TRO In New York

If you have been served with a temporary restraining order (TRO) in New York, it is important to take it seriously and to take steps to defend yourself against it. Here are some steps you can take:

  • Review the TRO carefully: It is important to carefully review the TRO and understand the specific allegations made against you. Take note of the date and time of any alleged incidents, the specific actions you are prohibited from taking, and the duration of the TRO.
  • Gather evidence: Collect any evidence that supports your defense, such as emails, text messages, witness statements, or any other documentation that may help to disprove the allegations made against you.
  • Consult with an attorney: It is highly recommended that you consult with an experienced attorney who can help you understand your legal rights and options. An attorney can review the TRO and evidence, and advise you on how to proceed.
  • Attend the hearing: If a hearing is scheduled, it is important that you attend and be prepared to present your defense. Bring any evidence you have gathered and be prepared to testify on your own behalf.
  • Be respectful and cooperative: If you are in court, it is important to be respectful and cooperative. Do not interrupt the judge or the other party, and answer questions truthfully and to the best of your ability.
  • Appeal if necessary: If the TRO is granted, you may have the right to appeal the decision. An attorney can advise you on the specific procedures and requirements for appealing a TRO in New York.

Defending against a TRO can be a complex and stressful process. It is important to seek the guidance of an experienced attorney who can help protect your legal rights and interests.

Resources To Temporary Restraining Order In New York

Here are some resources to help you understand and obtain a Temporary Restraining Order (TRO) in New York:

  • New York State Unified Court System: This website provides information about TROs in New York, including what they are, who can apply for them, and how to obtain one. It also provides links to relevant forms and instructions. You can access this resource at: https://www.nycourts.gov/courthelp/ProtectionOrders/tro.shtml
  • New York State Bar Association: The State Bar Association offers a guide to obtaining a TRO in New York, including information on the legal process, what to expect in court, and what to do if the order is violated. You can access this resource at: https://nysba.org/app/uploads/2019/06/TRO-Pamphlet-revised.pdf
  • New York City Bar Association: The City Bar Association offers a free legal referral service that can help you find an attorney to assist you with obtaining a TRO. You can access this resource at: https://www.nycbar.org/get-legal-help/
  • Safe Horizon: Safe Horizon is a non-profit organization that provides assistance to victims of domestic violence, sexual assault, and other crimes. They offer a hotline that you can call to obtain information and support regarding TROs and other legal remedies. You can access this resource at: https://www.safehorizon.org/get-help/
  • New York State Coalition Against Domestic Violence: The Coalition provides information and resources to victims of domestic violence, including information about TROs and how to obtain one. You can access this resource at: https://www.nyscadv.org/what-we-do/legal-services-orders-of-protection

It’s important to note that obtaining a TRO can be a complex legal process, and it’s often advisable to seek the assistance of an attorney. The above resources can provide you with information and guidance, but they should not be construed as legal advice.

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