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Restraining Order

Definition - What does Restraining Order mean?

A restraining order is an order from the court given to a particular person that instructs them to stop performing a certain act.

There are a number of instances that could cause a plaintiff to apply for a restraining order. For example, a person may apply for one if they believe that they are being stalked, and the order can act as a legal restraint that protects them from another person (in terms of physical proximity).

A restraining order can also be used when someone has their copyright infringed upon by someone else, or used to provide financial protection during a divorce and other legal proceedings where assets are involved.

Restraining orders are typically made after a plaintiff has successfully applied for one from the court. They are designed to give a plaintiff immediate relief from the unlawful actions of a defendant.

Justipedia explains Restraining Order

An order of protection can be placed when a person is in fear of another person, or believes that they might be harmed by that person. This type of court order may be issued by a civil or criminal court. Exactly what the order entails will depend on the individuals involved, any possible crime that was committed, and the perceived level of risk by the court.

In separation and divorce cases, a protective order is also a way of ensuring that a spouse does not apply for financial instruments in the name of both parties, or otherwise inflict financial damage on their spouse.

Additionally, such an order can be used in any case that involves any kind of asset. For example, in real estate and other cases that include assets, the goal is to stop any party involved from disposing of or somehow changing the assets involved.

Restraining orders are short term and are only meant to last until a trial can take place regarding the issue at hand. If the plaintiff is successful at the trial, then a longer term "injunction" can be placed on the defendant. An injunction is basically a longer term or permanent retraining order.

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