Restraining Orders – What are the Different Types of Restraining Orders?

Emergency Protective Order (EPO)
This protective order can be quickly obtained from local law enforcement. Once issued, an EPO goes into effect immediately and is valid for up to seven days. A police officer responding to the scene, usually to a domestic violence call, can call a judge at any time and request an EPO to prevent any imminent harm to the petitioner. The underlying purpose of the EPO is to provide immediate protection while the petitioner applies for a more permanent restraining order.

Temporary Restraining Order (TRO)
Although more permanent than an EPO, this restraining order lasts at least until the next court date. At the court hearing, the judge has the discretion to remove the TRO or extend it up to five years. A TRO is issued by a court when the petitioner actively applies for a restraining order. This usually entails submitting forms to a court clerk and having a judge determine whether or not to issue the order. The judge will make a decision the same day. Once issued, a TRO can provide protection until a hearing can be held and a permanent restraining order issued. Sometimes the TRO hearings may get continued for a number of reasons, however the TRO stays in place until the next hearing.

Permanent Restraining Order (PRO)
A PRO can be issued once a hearing has been held in which both parties to a restraining order (the petitioner and the respondent) have been given notice as to the place and time of the hearing. Even if the restrained party does not appear, the court may still issue the restraining order. At the hearing, the judge will listen to arguments from both sides regarding the matter. If the judge decides to issue the restraining order, it can be valid for up to five years.

Civil Harassment Restraining Order (CHRO)
A CHRO is a civil order used to prevent further harassment or annoyances from individuals such as neighbors, co-workers, and landlords. This type of restraining order is used in situations other than those involving domestic violence.

If you are served with a notice of a restraining order against you, it is very important that you contact an experienced family law attorney who can inform you of your options. Our attorneys at Wallin & Klarich have over 30 years of experience in helping clients who find themselves in situations just like yours. We will work hard to ensure that your rights and interests are protected throughout the entire process. Call us today at 888-749-0034. We will be there when you call.