Frequently Asked Questions / What is a temporary restraining order and why would I need one?

Attorney Michael Fischer

 Mike’s Answer:

A temporary restraining order is exactly what the name implies. It is a restraining order that will last for a very short time. A restraining order is often given without the opposing party being present or even knowing about it. Because in the United States we believe everybody is entitled to due process and have their side of the story heard, your temporary order will be for a very short time. You will return to court, generally withing 21 days, where the other party will be allowed to put forth their side of the story. The reason we do a temporary order is we are alleging something so serious and so important, it warrants violating that person’s due process and rights in getting some sort of redress or remedy immediately; for example, you were beat up the night before by your spouse and he is threatening to come back and hurt you. So, you are looking for an immediate order that says that he should stay away from you, stay away from your home, stay away from your place of business, stay away from your car. Once granted, if he were to violate that order, the police would intercede and take the necessary steps to protect you including the arrest of the violating party.

For additional information please review the information available on the civil restraining orders and domestic violence restraining orders sections of our site at or contact the Divorce Attorneys at Fischer & Van Thiel LLP at (760) 722-7646.


Posted in: Domestic Violence, Family Law, Restraining Orders, Stop Harassments